Judgment of 17 October 2013 г., Unamar, C‑184/12

 

Oleg Temnikov[1]

 

This article provides an overview and the author’s comments on the Judgment of the ECJ in the Unamar case (Judgment of 17 October 2013, Unamar, C‑184/12, EU:C:2013:663).

The Unamar case is of paramount importance in respect of the notion of overriding mandatory rules under EU Private International Law. Also, this case has considerable practical implication in respect of the rules applicable to agents in the EU and the effects of implementation by Member States of Directive 86/653/EEC.

After a short resume of the factual and legal background of the case and the analysis of the Court and the Advocate General, the article focuses on the findings in respect of the overriding mandatory rules. In particular the article reviews the ECJ reasoning on their scope under EU Private International law and the effect of implementation of EU secondary legislation.

The author presents also the views of a number of European legal scholars on the Unamar decision.

 

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Link to the article in Bulgarian language: Избор на приложимо право в договорите за търговски представители – особени повелителни норми

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[1] Oleg Temnikov, Senior associate, Wolf Theiss Law Firm, Sofia, Bulgaria, email: oleg.temnikov@wolftheiss.com

The opinions and positions expressed by the author in this article are his personal scientific views on the topic. they may not be attributed to Wolf Theiss Law Firm or its lawyers, and are not necessarily identical with their position on the matter.