Rome I

Article 9

Overriding mandatory provisions

1. Overriding mandatory provisions are provisions the respect for which is regarded as crucial by a country for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract under this Regulation.

2. Nothing in this Regulation shall restrict the application of the overriding mandatory provisions of the law of the forum.

3. Effect may be given to the overriding mandatory provisions of the law of the country where the obligations arising out of the contract have to be or have been performed, in so far as those overriding mandatory provisions render the performance of the contract unlawful. In considering whether to give effect to those provisions, regard shall be had to their nature and purpose and to the consequences of their application or non-application.

Holdings

C-135/1518 Oct 2016

Republik Griechenland v Grigorios Nikiforidis

Article 9(3) of Regulation No 593/2008 bars the court of the forum from applying, as legal rules, overriding mandatory provisions other than those of the forum State or of the State where the contractual obligations have to be or have been performed. The forum court may nevertheless take such other overriding mandatory provisions into account as matters of fact, provided that the national law applicable to the contract under that regulation so allows. The principle of sincere cooperation in Article 4(3) TEU does not alter that result.