Part IV Freedom of Choice and Common Rules, 15 Public Policy, Mandatory Rules, and Rules of Conduct and Safety
From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations: Updating Supplement
- Limitation of liability — Rome Convention — Rome I Regulation and choice of law — Scope of applicable law — Punitive damages — Public policy — Overriding mandatory rules
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...