The proposed Regulation (DOC 11812/03) on private international law, is known as "Rome II". It would lay down uniform rules to determine which national law should apply to issues in cases with an international dimension where the claim involves a non-contractual obligation (such as a civil claim arising from a road traffic accident or a defamatory statement in a newspaper or a claim for the recovery of money paid by mistake). The Committee concludes that the Commission has failed to make out a case for the necessity of the new Regulation, but this Committee report makes a number of proposals for specific reforms in this area, for example, rules applying to defamation cases. The Regulation should not seek to harmonise Member States' laws on non-compensatory damages.
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