(1) If there is a substantially closer connection with the law of a State other than that applicable under articles 38 to 40 paragraph 2, then the law of that other State shall apply.
(2) A substantially closer connection may be based in particular
1. on a special legal or factual relationship between the persons involved in connection with the obligation or
2. in the cases of Article 38 paragraphs 2 and 3 and of Article 39 on the fact, that the persons involved had their habitual residences in the same State at the time of the pertaining facts; Article 40 paragraph 2 sentence 2 shall apply mutatis mutandis.