Article 18
1. The law governing a contractual obligation under this Regulation shall apply to the extent that, in matters of contractual obligations, it contains rules which raise presumptions of law or determine the burden of proof.
2. A contract or an act intended to have legal effect may be proved by any mode of proof recognised by the law of the forum or by any of the laws referred to in Article 11 under which that contract or act is formally valid, provided that such mode of proof can be administered by the forum.
NM v Club La Costa (UK) plc and Others
In Article 18(1), "other party to a contract" means only the natural or legal person that is party to the contract in question, not other persons who are not parties to that contract, even if they are connected with that person.
NM v Club La Costa (UK) plc and Others
Determining the domicile of the "other party to a contract" under Article 63(1) and (2), for the purposes of Article 18(1), does not limit the consumer's choice under Article 18(1). The clarifications in Article 63(2) concerning "statutory seat" are autonomous definitions.