15.01 Arts 16 and 26 of the Rome II Regulation govern the relationship between the law applicable under the Regulation and the law of the forum. Art 26 provides for the overriding effect of the forum’s public policy. Art 16 permits the application of ‘overriding mandatory provisions’ of the law of the forum. Recital (32) emphasizes that these provisions are to be narrowly construed:1 Considerations of public interest justify giving the courts of the Member States the possibility, in exceptional circumstances, of applying exceptions based on public policy and...
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