41According to Article 9(1) of the Rome I Regulation, overriding mandatory provisions are provisions respect for which is regarded as crucial by a country for safeguarding its public interests, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law applicable to the contract under that regulation. Article 9(2) provides that the Rome I Regulation does not preclude the application of the overriding mandatory provisions of the State of the forum. Article 9(3) states that the court of the forum may give effect to the overriding mandatory provisions of the law of the country where the obligations arising out of the contract have to be or have been performed, in so far as those overriding mandatory provisions render the performance of the contract unlawful. It is added in Article 9(3) that, before deciding to give effect to the latter provisions, the court of the forum is to have regard to their nature and purpose and to the consequences of their application or non-application.
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