“The fact that the parties have chosen the law of a non-Member State, whether or not accompanied by the choice of a tribunal of a non-Member State, shall not, where all the other elements relevant to the situation at the time of the choice are connected with one or more of the Member States, prejudice the application of the mandatory rules which are contained in or originate in acts of the institutions of the European Community and which are applicable in a Member State whose law would be applicable in the absence of a choice-of-law by the parties.”

“1. This Article applies to a contract the object of which is the supply of property, whether movable or immovable, or of services to a person (‘the consumer’) for a purpose which can be regarded as being outside his trade or profession, by a person who is acting in the course of his trade or profession (‘the supplier’).

2. The law applicable by virtue of Articles 3, 4 and 9 cannot deprive the consumer of the protection afforded to him by the mandatory rules of the law of the country in which he has his habitual residence at the time of the conclusion of the contract, unless the supplier can establish that he was not aware of the country in which the consumer had his habitual residence, as a result of the conduct of the consumer.

The preceding paragraph does not apply:

(a) when the consumer travels to the supplier’s country and there concludes the contract, or

(b) when property or services were or ought to have been supplied in the country in which the place of business through which such supply was or ought to have been effected was situated,

unless, in either case, the consumer was induced by the supplier to travel to the aforementioned country to conclude the contract.”

“2. Notwithstanding the provisions of Article 4, a contract of employment shall, in the absence of choice in accordance with Article 3, be governed:

(a) by the law of the country in which the employee habitually carries out his work in performance of the contract. The place where the work is habitually carried out is not to be regarded as having changed if the employee is posted for a limited period to work in another country. The conclusion of a contract of employment with an employer belonging to the same group as the original employer shall not exclude a finding that such a posting has taken place.”

“3. The foregoing provisions are without prejudice to the application of the mandatory rules of the law of the country to which the employee is posted as provided for by Directive 96/71 of 16 December 1996, concerning the posting of workers in the framework of the provision of services.”

“3. Effect may only be given to the mandatory rules of a Member State to the extent that their application does not constitute an unjustified restriction on the principles of freedom of movement provided for in the treaty.”

“1. A contract is formally valid if it satisfies the formal requirements of the law which governs it under [this convention] or of the law of the country where either of the parties is present at the time of the conclusion of the contract or of the law of the country in which either party is habitually resident at that time.”

“3. An act intended to have legal effect relating to an existing or contemplated contract is formally valid if it satisfies the formal requirements of the law which under [this Convention] governs or would govern the contract or of the law of the country in which the act was done or of the law of the country in which the person who effected the act was habitually resident.”

“(3) in all other cases, when the contract has been concluded with a person (‘the supplier’) in the course of that person’s trade or profession unless the supplier can establish that he was not aware of the country in which the consumer was domiciled, as a result of the conduct of the consumer; this provision does not apply, however:

(a) when the consumer travels to the supplier’s country and there concludes the contract, or

(b) when property or services were or ought to have been supplied in the country in which the place of business through which such supply was or ought to have been effected was situated,

unless, in either case, the consumer was induced by the supplier to travel to the aforementioned country to conclude the contract.”