CHOICE-OF-LAW RULES FOR DROIT DE SUITE: THE GERMAN MODEL.

The article discusses the German model for choice-of-law on droit de suite in Great Britain. The German model, which is developed in the case law by the German Federal Court of Justice, may be a suitable starting point to develop a choice-of-law rule for the European resale right and its implementation legislations by the Member States under Article 8 Rome II Regulation. However, the model is only suitable to handle resales with connections between one Member State and a third State. The choice of law rule has to be refined to the effect that only one implementation legislation of a Member State governs the artist's resale right within the internal market.