CELEX: 62010CN0412
Language: en
Date: 2010-08-18 00:00:00
Title: Case C-412/10: Reference for a preliminary ruling from High Court of Justice (Queen's Bench Division) (United Kingdom) made on 18 August 2010 — Deo Antoine Homawoo v GMF Assurances SA

6.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 301/9
            
         Reference for a preliminary ruling from High Court of Justice (Queen's Bench Division) (United Kingdom) made on 18 August 2010 — Deo Antoine Homawoo v GMF Assurances SA
   (Case C-412/10)
   ()
   2010/C 301/12
   Language of the case: English
   
      Referring court
   
   High Court of Justice (Queen's Bench Division)
   
      Parties to the main proceedings
   
   
      Applicant: Deo Antoine Homawoo
   
      Defendant: GMF Assurances SA
   
      Questions referred
   
   
               1.
            
            
               Are Articles 31 and 32 of Regulation (BC) No 864/2007 (1) of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), in conjunction with Article 297 of the Treaty on the Functioning of the European Union, to be interpreted to require a national court to apply Rome II, and in particular Article 15(c) thereof, in a case where the event giving rise to the damage occurred on 29th August 2007?
            
         
               2.
            
            
               Is the answer to question 1 affected by either of the following facts:
               
                           (i)
                        
                        
                           that the proceedings seeking compensation for damage were commenced on 8th January 2009;
                        
                     
                           (ii)
                        
                        
                           that the national court had not made any determination of the applicable law before 11 January 2009?
                        
                     
         
      (1)  OJ L 199, p. 40