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Europe Daily Bulletin No. 9994

9 October 2009
Contents Publication in full By article 28 / 34
GENERAL NEWS / (eu) eu/court of justice
National judge can apply legal contract of a country with which country contract is most closely linked

Brussels, 08/10/2009 (Agence Europe) - A national jurisdiction for resolving a contractual dispute can decide which national law should examine the case. It can also apply the national laws of the different contractual parties if this is possible or appropriate. This is the conclusion of the European Court of Justice (ECJ) made in a ruling on 6 October (C-133/08). On the other hand, the discretionary power of the judge only applies when the contractual parties have failed to distinctly...

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