Ley aplicable a los accidentes de tráfico transfronterizos en la Unión Europeaconsecuencias negativas que provoca la ausencia de armonización de los plazos de prescripción y caducidad y posibles soluciones

Zusammenfassung

Law applicable to cross - border road traffic accidents : negative consequences resulting from the absence of harmonization of limitation periods and possible solutions. In the European Union two instruments coexist to deal with cross-border road traffic accidents, the Rome II Regulation on the law applicable to non-contractual obligations and the Hague Convention of 4 May 1971 on the Law Applicable to Traffic Accidents. Nevertheless, neither of them relate to the legal problems arising within the context of the period of prescription or limitation foreseen across the domestic legislations of Member States. Having into account the nature and relevance of these problems —risk of forum shopping, legal uncertainty for victims as far as the time limits for bringing a claim is concerned, obstacles to effective access to justice for the claimants, or increasing costs of the procedures- it would be desirable to adopt a legislative action to harmonise the rules on limitation periods in the field of private international law. In the light of the recent legislative initiative report on limitation periods for traffic accidents presented by the European Parliament, this paper explores the different possibilities existing in order to reach a solution in this matter, analysing the pros and cons for a possible legislative action to harmonize the national legislations, and concluding that a minimum estándar of harmonisation of rules of limitation is necessary in order to resolve the current difficulties faced by the claimants in cases of cross-border traffic accidents in the European Union.