Abstract
This paper deals with the interplay between uniform EC choice-of-law rules, as those laid down for non-contractual obligations by the future Rome II Regulation, and the internal market. Firstly, the relationship between the “external dimension” of the internal market rules and the future Regulation is evaluated from a double perspective: with regard to the scope of application of the Regulation, on the one hand, and with regard to the applicability of EC harmonised mandatory rules to cases connected with third countries (so-called “Community minimum standard” clause). Secondly, the paper widely analyses the interplay between free movement principles and conflict of laws rules. In the light of the ECJ case law, it is submitted that those principles have no or little impact on private international law rules, either enacted by Member States or by the European Community, notably because private law matters do not fall in principle within the scope of the internal market provisions (notably the country of origin principle). However, some provisions of the Rome II Draft Regulation should be modified or interpreted in order to achieve the goal of an effective single European market. This is in particular the case of the law applicable to intra-Community unfair commercial practices.