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An analysis of the 1973 Hague Convention on the law applicable to product liability and the Rome II Regulation leads to the conclusion that the former takes precedence. What is more, both the explanatory report to the Hague Convention and case law from the Court of Justice of the European Union agree that in case there is lacunae in the Hague Convention, the answer should be sought in the Rome II Regulation.

The Relationship between the Rome II Regulation and the 1973 Hague Convention