1 . 4 . R E G U L A T O R Y I N T E R E ST
17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67
68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84
85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101
102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118
119 120 121 122 123 124 125 126 127
Where the application of a rule of law to cross-border transactions - and thus the
application of a rule of private international law underlying the applicability of that
substantive norm - results in an obstacle to intra-Community trade, Member States
are not precluded from taking such a measure. However, a Member State is allowed
to take that measure only if justified as being necessary and proportionate for the
protection ot an interest taking precedence over the freedoms. Consequently, within
the scope ot Community law not every (national) interest will be capable of justifying
the application of a rule of private international law to cross-border transactions. Only
those interests provided for in the EC Treaty or those recognised by the Court as taking
precedence over the freedoms may do so.