Protection of Public and Private Interests in the Rome I Regulation – Observations on the Interpretation of Overriding Mandatory Provisions

This article deals with the role of overriding mandatory provisions in European private international law. It highlights the contradictions inherent in the concept and substance of the legal construct and the difficulties of application. The starting point for definition is the Rome I Regulation, whereas particulars of substance are presented using two closely related decisions (Ingmar and Unamar) of the Court of Justice of the European Union (CJEU) as well as an on-going German case.* Journal of Economic Literature (JEL) code: K39 – Other Substantive Areas of Law.