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[…] blasting operations by a Swiss mining company in the Swiss Alps cause a snow avalanche in the French Alps injuring a group of English tourists. […] The lex loci damni rule [of the Rome II Regulation] does not produce good results in […] cross-border torts in which the state of conduct prescribes higher standards of conduct for the tortfeasor than the state of injury. Suppose for example that, in the above snow avalanche hypothetical, Switzerland imposes a negligence per se rule on mining operators who engage in blasting activities in certain areas or time periods, while France, in order to protect its mining industry, follows an ordinary negligence standard. In such a case, Article 4(1) calls for the application of French law and specifically excludes Swiss law. In contrast, if this were an environmental tort, Article 7 would allow the victim to opt for Swiss law.
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