sec_5_2_2__para__2

It is generally recognised that, while the parties have to provide the facts, it is for the court to make the necessary legal qualifications (384), which is expressed in the principles da mihi factum dabo tibi jus and iura novit curia. It is also normal that courts have to consider certain imperative rules, often referred to as matters of public policy, of their own motion, i.e. without having to be prompted by the parties.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.