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
Full & Egal Universal Law Academy