Civil and commercial law, private international law: approximation of the procedures. Green papers
2003/2087(INI)
The European Parliament adopted a resolution based on the own-initiative report drafted by Giuseppe GARGANI (EPP-ED, Italy) on approximating civil procedural law in the EU. (Please see the summary of 27/01/04.) Parliament also made the following points:
- when the parties choose the law of a non-member country, mandatory Community law rules must be enforced if all the elements of a contract, or the particularly significant elements, are situated on Union territory;
- application of the international conventions to which a Member State is or will be party should not be affected;
- when specifying which law should apply to the effects of assignment of a claim, reference should be made to the law of the place where the assignor is domiciled.
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