Interpretation of the Public Policy Exception as Referred to in EU Instruments of Private International and Procedural Law

This study, authored by Prof. Burkhard Hess and Prof. Thomas Pfeiffer, Heidelberg University, provides for a comprehensive analysis of the interpretation of the public policy exception in EU instruments. The assessment is based both on statistical data and the experience of stakeholders. Encompassing the relevant case-law of the ECJ as well as of civil courts in 23 EU Member States, the study evaluates the practical relevance as well as the content and scope of the public policy clauses. In practice, public policy is often invoked, but seldom applied. In procedural law, the difference between substantive and procedural public policy is recognised and the procedural public policy is much more often invoked and applied than substantial public policy. The content of the clause is determined by the fundamental guarantees of Articles 6 ECHR and 47 ChFR. In addition, there is a trend in the case-law that procedural irregularities must be remedied in the Member State of origin.