Professor Franco Ferrari’s work cited by Advocate General of the Court of Justice of the European

In his Opinion in cse C-54/16 dated 3 March 2017, Advocate General Szpunar cited several papers authored and edited by Professor Ferrari, the Center’s Executive Director. The Opinion addresses, among other matters, the issue of what qualifies as an “international” contract. In doing so, Advocate Szpunar also refers to the Regulation on the law applicable to contractual obligations (Rome I), even though it was not applicable to the specific contract (given the date of the contract’s conclusion). And it is in this context that Advocate Szpunar cites the work by Professor Ferrari to conclude that the fact that a contract agreed upon between two companies registered in one and the same country containing a choice of law in favor of the laws of a different country renders the situation international enough to trigger a conflict of laws approach.