Legal Translation and Unfair Competition Under the Rome II Regulation

We’ve blogged about foreign language translation for attorneys and law firms, and international conflict of laws. When Rome II Regulation comes into play in a general or specific format, it will undoubtedly require foreign language translations of the laws of the various states. The purpose of Rome II is to interpret the laws of Member States and decide how to apply them to a specific situation.

As Europe continues to develop as one of the world’s major trading partners and as an economic powerhouse, understanding its rules for unfair competition become an essential part of doing business. In the European Union, whenever an issue involving unfair competition arises with an international element, the Rome II Regulation comes into play and identifies the applicable law to be applied.

Rome II introduces a new regime for determining the applicable law in all cases of non-contractual liability with an international element. For example, if the act of unfair competition affects markets or consumers in general, then the laws of the state where competitive relations are affected is to be applied. If a single competitor alone is affected, then Rome II calls for a three-stage process, often creating a single system of law to govern a multi-jurisdictional claim.

For this reason, the litigator’s job is to provide the court with the most favorable interpretation – which requires a foreign language translation of the laws.

Up Next: Court Interpreters, Non-English Speakers and Good Faith Participation