Product liability: jurisdiction and applicable law in cross-border cases in the European Union

Product liability is the field of tort law which is currently most extensively regulated by European instruments. Together with Directive 85/374/EEC cases of product liability are covered—from a private international law perspective—by the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and—more recently—by the Rome II Regulation on the law applicable to non-contractual obligations. This article seeks to examine the solutions envisaged in those two Regulations, underlining the problems and uncertainties which may arise from the application of those provisions to international situations. In addition, special attention is paid to analysing Article 5 of the Rome II Regulation, highlighting the difficulties associated with its interpretation, as well as its relationship with the Hague Convention of 1973.