General provisions
The Regulation does not contain any rules on the pleading and proof of foreign law. National rules apply to this matter as indicated in Question D.5 of the national sections. Paragraph 14 of the Preamble, however, points out that the network created by Council Decision 2001/470/EC of 28 May 2001 establishing an European Judicial Network in civil and commercial matters could play a part in assisting the courts with regard to the content of foreign law.
Any reference to the law of a State should be construed as a reference to the rules of law in force in that State other than its rules of private international law (Article 11). Renvoi is therefore excluded.
The Regulation also contains a classic public policy clause. Application of a provision of the law designated by virtue of the Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum (Article 12).
There is a certain overlap between the public policy clause enshrined in Article 12 of the Regulation and the provision in Article 10. There it is established that where the law applicable pursuant to Article 5 or Article 8 makes no provision for divorce or does not grant one of the spouses equal access to divorce or legal separation on grounds of their sex, the law of the forum shall apply.