Part IV Freedom of Choice and Common Rules, 15 Public Policy, Mandatory Rules, and Rules of Conduct and Safety

15.02 (n 3) Add For the view that the Regulation does not sufficiently deter the ‘homing instinct’ to apply the law of the forum, see J Carruthers, in Ahern & Binchy, 25–46, arguing that the Regulation’s rules provide numerous opportunities for a Member State court to conclude that its own law applies. As Dr Carruthers correctly recognizes, however (ibid‎, 33), ‘[i]n an examination of forum control, increasingly one must be mindful that there is a third player, namely the Community itself’. The Court of Justice will, no doubt, be prepared to loosen the grip of the...