Rome II: which event must a choice of law follow under Article 14(1)(a) when several events give rise to the damage?

Article 14(1)(a) allows a choice by an agreement entered into after the event giving rise to the damage. Where several events give rise to the damage, for example a first act in one country and a final act in another, and the parties are not all pursuing a commercial activity, the text does not say which event the agreement must follow.

Consequence

An agreement made between the earliest and the last event can be valid under one reading and invalid under the other.

Proposed correction

The Commission's work on the application of the Regulation could say which event counts.

Jurisdiction

European Union — European Union

Act

Regulation (EC) No 864/2007 (Rome II)

Place

Article 14(1)(a)

Record

Question of reading or data

Class

Question of reading or data

Where it arose

The text of the act

Arxo's conclusion

Confirmed

Official text

Unchanged at last check

Last checked

2026-10-31

Evidence

Documented search. Quotations are verbatim from the official material; translations are ours and marked.

by an agreement entered into after the event giving rise to the damage occurred

How to check it without Arxo's tools

1. Open Regulation (EC) No 864/2007 (Rome II), Official Journal, English version and find Article 14(1)(a) (English). Compare the text with the quotation above. A copy is kept in this register: 488bfcf5bcbcb4e1-eng.xhtml (SHA-256 488bfcf5bcbcb4e1401205419942109bee4b77d03cd1b5dc2b18399e2ea6dde0, copy of the official file).
2. The finding holds if the quoted passages read as shown and the comparison gives the result stated at the top of this page. If it does not, write to us with the record ID.

How this finding was made

AI models helped read and compare the texts and review the draft letters.

Responsible institutions

• European Commission, Directorate-General for Justice and Consumers — responsible for the application and review of the two Regulations

Reported to

Responses

No response recorded.

History

1. 2026-10-31Confirmed by Arxo
2. 2026-10-31Entered in the register
3. 2026-10-31Reported to European Commission, Directorate-General for Justice and Consumers (e-mail)

Cite this record

Arxo Law, Arxo Findings Register, ARXO-2026-0453, https://arxo.io/findings/ARXO-2026-0453/ (status as of 2026-10-31). Data: ARXO-2026-0453.json.