Rome I

Article 12

Scope of the law applicable

1. The law applicable to a contract by virtue of this Regulation shall govern in particular:

2. In relation to the manner of performance and the steps to be taken in the event of defective performance, regard shall be had to the law of the country in which performance takes place.

Holdings

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C-73/2022 Apr 2021

ZM v E. A. Frerichs

Where, in insolvency proceedings, a payment made by a third party in performance of a contracting party's payment obligation is challenged as detrimental to all creditors, the law governing the contract under Regulation No 593/2008 also governs that payment.