1. For exceptional cases, the private international law rules of almost all countries as well as the Commission's current proposal contain a measure of judicial discretion, see for the UK: Private International Law (Miscellaneous Provisions) Act 1995, s 12; see Art 3(3) of the Commission's proposal (n 4).
2. See the general rule in Art 3 (1) and (2) of this proposal.
3. Contra a tort specific approach: House of Lords. European Union Committee, 8th Report of Session 2003–1 (n 4) no 106: ‘We do not believe that a case has been made for a special rule on product liability. […] If additional consumer protection is needed (and we do not rule that out) then that is a matter to be addressed in the context of the Directive.’
4. § 166 of the Estonian Principles on the Civil code; Art 114–16 of the Romanian Private International Law Act; Art 1221 of part HI of the Russian Civil code; Art 1130 of the Civil code of Belarus.
5. Art 24—Non-compensatory damages: ‘The application of a provision of the law designated by this Regulation which has the effect of causing non-compensatory damages, such as exemplary or punitive damages, to be awarded shall be contrary to Community public policy.’