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Rome II: Overriding mandatory provisions (Agostinho da Silva Martins v Dekra Claims Services Portugal SA)

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Published on: 06 February 2019

Published by a LexisNexis Dispute Resolution expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

Dispute Resolution analysis: The Court of Justice held that the Portuguese national provisions on limitation would only qualify as overriding mandatory provisions within the meaning of Article 16 of Regulation (EC) 864/2007, Rome II if the national court hearing the case were to find, on the basis of a detailed analysis of the wording, general scheme, objectives and the context in which those provisions were adopted, that the provisions were of such importance in the national legal order that they justify a departure from the law applicable pursuant to Article 4 of Regulation (EC) 864/2007, Rome II. Written by Kristina Lukacova, barrister at New Square Chambers.

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