Selected Cases by Article & Issues
Article 3.3.22 Cases
(1) Where there has been performance under a contract infringing a mandatory rule under Article 3.3.1, restitution may be granted where this would be reasonable in the circumstances.
(2) In determining what is reasonable, regard is to be had, with the appropriate adaptations, to the criteria referred to in Article 3.3.1(3).
(3) If restitution is granted, the rules set out in Article 3.2.15 apply with appropriate adaptations.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Effects of infringement if there has been performance under infringing contract | 1 |
| 1.1 | Expressly prescribed by mandatory rule infringed | |
| 1.2 | Available restitutionary remedies, if any, to be determined according to what is reasonable in the circumstances | 2 |
| 1.2.1 | Purpose of rule infringed | 1 |
| 1.2.2 | Category of persons protected by rule infringed | |
| 1.2.3 | Any sanction imposed under rule infringed | |
| 1.2.4 | Seriousness of infringement | 1 |
| 1.2.5 | Parties’ knowledge of infringement | |
| 1.2.6 | Whether performance of contract necessitates infringement | |
| 1.2.7 | Parties’ reasonable expectations | |
| 1.2.8 | Other criteria | |
| 2 | Rules governing restitution if granted (see Article 3.2.15) | 1 |