Article 17

Establishing the applicable law where no choice is made

 

1. If the spouses do not make a choice, the law applicable to the matrimonial property regime

shall be:

(a) the law of the State of the spouses' first common habitual residence after their

marriage or, failing that,

(b) the law of the State of the spouses' common nationality at the time of their marriage

or, failing that,

(c) the law of the State with which the spouses jointly have the closest links, taking into

account all the circumstances, in particular the place where the marriage was

celebrated.

2. Paragraph 1(b) shall not apply if the spouses have more than one common nationality.