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In Germany, this question is answered by a specific provision of German Private International Law, Article 40 (III) of the EGBGB (41) (Introduction to the German Civil Code), which sets out limits, for public policy reason, to the application by German courts of the foreign laws of Tort designated by the choice-of-law rule.
The addition of an article on non-compensatory damages by the European Commission was inspired not only from the concerns expressed by legal authors, invited to send comments on the preliminary draft, but also from the specific provision of the German EGBGB (Article 40-III) regarding the limits to the application by the German judge of a foreign Tort law.
41) Introduced in the EGBGB by a law dated 21 May 1999.