Mandatory Rules of Third States from Ole Lando to Contemporary European Private International Law

European Review of Private Law (ERPL), Vol. 28, No. 3, pp. 509-522, September 2020

Max Planck Private Law Research Paper No. 21/4

16 Pages Posted: 3 Mar 2021

See all articles by Kurt Siehr

Kurt Siehr

Max Planck Institute for Comparative and International Private Law

Abstract

On 18 October 2016 the European Court of Justice, in the case Greece v. Nikiforidis, decided: ‘Article 9 (3) of the Regulation No. 503/2008 on the law applicable to contractual obligations must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the obligations arising out of the contract have to be or have been performed from being applied, as legal rules, by the court of the forum, but as not precluding it from taking such other overriding mandatory provisions into account as matters of fact in so far as this is provided for by the national law that is applicable to the contract pursuant to the regulation’. Ole Lando already anticipated this development when he dealt with this problem arising under the Rome Convention of 1980 on the law applicable to contractual obligations still in force in Denmark.

Note: This article is published in the Max Planck Private Law Research Paper Series with the permission of the rights owner, Kluwer Law International.

Keywords: Ole Lando, European Private International Law, Mandatory Rules in PIL, Mandatory Rules of the Forum State, Mandatory Rules of Third States, Mandatory Rules of Third States Recognized, Effect of the ECJ Case Republic of Greece V. Nikiforidis

Suggested Citation

Siehr, Kurt, Mandatory Rules of Third States from Ole Lando to Contemporary European Private International Law. European Review of Private Law (ERPL), Vol. 28, No. 3, pp. 509-522, September 2020, Max Planck Private Law Research Paper No. 21/4, Available at SSRN: https://ssrn.com/abstract=3796299

Kurt Siehr (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

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