# The principle of the renvoi

The renvoi arises when the foreign law specified by the rule of conflict of the forum refuses to apply and specifies that it is either the law of the forum (first degree renvoi) or the law of a third State (second degree renvoi) that must apply.

The renvoi provides a response to a divergence between the rules of conflict of the State of the forum and the State whose law was specified by the rules of conflict of the forum.

In the case of the Regulation, a renvoi is only possible in cases where the law specified pursuant to the Regulation is that of a Member State not bound by the Regulation (Denmark, United Kingdom, Ireland) or that of a third State.

By definition, if the specified law is that of a Member State, the conflict of law rules necessarily correspond. The question of a renvoi will therefore not arise.

Article 34 of the Regulation admits the renvoi in certain hypotheses and subject to certain conditions.