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Document 62010CN0412

    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

    OJ C 301, 6.11.2010, p. 9–10 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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

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