Commercial Agents, Minimum Harmonization and Overriding Mandatory Provisions in the European Union: The Unamar Case
12 Pages Posted: 1 Apr 2016
Date Written: December 15, 2015
The following case note sheds light on the ECJ’s decision in Unamar and its implications for the application of overriding mandatory provisions in areas of minimum harmonization and the role of party autonomy in the internal market. It criticizes that the Court foregoes essentially every opportunity to channel and curtail the use of overriding mandatory provisions by Member States and to strengthen the role of party autonomy in the internal market. It concludes that Unamar effectively amounts to a carte blanche for national courts to apply the law of the forum instead of the chosen or the otherwise applicable law.
Keywords: Commercial Agents; Commercial Agency Directive; Minimum Harmonization; Overriding Mandatory Provisions; ECJ; CJEU; Private International Law; Unamar; Ingmar; Party Autonomy
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