In courts of Latvia there is no big number of cases, when courts should solve, what legal acts to apply for the beside-contractual obligations, which have arisen between various subjects of the countries of the European Union. As well in courts of other EU countries cases of such character are not met often yet, but, it is possible to predict that with development of globalisation the quantity of arguments will increase.

Since January 11, 2009, in such cases it is necessary to follow Regula of the European Parliament and Council № 864/2007 about the legal acts applied in beside-contract obligations (Rome II). In order to require conditions of this Regula, the Ministry of Justice of Lithuania on March 12-13, had organised a seminar in the Lithuanian Centre of Training of Judges and had invited also representatives of the Supreme Courts of Latvia and Estonia. Senators of the Department of Civil Cases of the Senate Kalvis Torgans and Aldis Lavins, which took part in a seminar, considered it as very useful, because basic knowledge of legal regulation of Regula and existing practice of the European judicial institutions had been acquired.

At a seminar as the lecturer Andrew Dickinson participated, who represents one of leading legal companies of Great Britain and, thus, is associated with practice of application of Regula. The lecturer had in detail reviewed the arguments arising in cases, if delict has occurred in one country, the victim is the resident of other state, and harmful consequences of infringement of the rights are shown in one more other state, and also many other questions connected with beside-contractual conflicts, for example, non-entrusted documentation, unreasonable enrichment, culpa in contrahendo.

Senators consider the initiative of the Lithuanian colleagues in the organisation of the seminar about the explanation of rules of law of the above mentioned Regula as great. A material is voluminous, because, as the lecturer had specified, the Regula (Rome II) is a result of work of several working groups throughout 40 years, searching for the general denominator in the field of the international private law.

Senators have given to library of the Supreme Court the book written by Andrew Dickinson about questions of application of the above mentioned Regula, published by Oxford University Press. The book is very valuable – 797 pages, besides in it there is a personal inscription of the author of the book, devoted to Latvian judges.


 

Information prepared by

Head of the Division of Communications of the Supreme Court Rasma Zvejniece

E-mail: rasma.zvejniece@at.gov.lv, telephone: 7020396, 28652211