Rome II: at what time is foreseeability assessed under Article 5(1), second subparagraph?

The law of the habitual residence of the person claimed to be liable applies if that person could not reasonably foresee the marketing of the product. The text does not say whether foreseeability is assessed when the product was put on the market, when it was marketed in that country, or when the damage occurred.

Consequence

A producer that learns of sales in a country after its initial sale and before the damage can be judged either way.

Proposed correction

The Commission's work on the application of the Regulation could say at what time foreseeability is assessed.

Jurisdiction

European Union — European Union

Act

Regulation (EC) No 864/2007 (Rome II)

Place

Article 5(1), second subparagraph

Record

Question of reading or data

Class

Question of reading or data

Where it arose

The text of the act

Arxo's conclusion

Confirmed

Official text

Unchanged at last check

Last checked

2026-10-31

Evidence

Documented search. Quotations are verbatim from the official material; translations are ours and marked.

could not reasonably foresee the marketing of the product

How to check it without Arxo's tools

1. Open Regulation (EC) No 864/2007 (Rome II), Official Journal, English version and find Article 5(1), second subparagraph (English). Compare the text with the quotation above. A copy is kept in this register: 488bfcf5bcbcb4e1-eng.xhtml (SHA-256 488bfcf5bcbcb4e1401205419942109bee4b77d03cd1b5dc2b18399e2ea6dde0, copy of the official file).
2. The finding holds if the quoted passages read as shown and the comparison gives the result stated at the top of this page. If it does not, write to us with the record ID.

How this finding was made

AI models helped read and compare the texts and review the draft letters.

Responsible institutions

• European Commission, Directorate-General for Justice and Consumers — responsible for the application and review of the two Regulations

Reported to

Responses

No response recorded.

History

1. 2026-10-31Confirmed by Arxo
2. 2026-10-31Entered in the register
3. 2026-10-31Reported to European Commission, Directorate-General for Justice and Consumers (e-mail)

Cite this record

Arxo Law, Arxo Findings Register, ARXO-2026-0452, https://arxo.io/findings/ARXO-2026-0452/ (status as of 2026-10-31). Data: ARXO-2026-0452.json.