2024-03-29T08:25:04Zhttps://repositori.uji.es/oai/requestoai:repositori.uji.es:10234/1822532020-02-21T08:46:02Zcom_10234_192571com_10234_9com_10234_8641col_10234_192573col_10234_8642
00925njm 22002777a 4500
dc
Puetz, Achim
author
2018-09
Pursuant to Article 71(1) of Regulation No. 1215/2012,
of 12 December, on Jurisdiction and the Recognition and
Enforcement of Judgments in Civil and Commercial Matters (Brussels Ia or Recast Regulation), the Regulation
“shall not affect any conventions to which the Member
States are parties and which, in relation to particular matters, govern jurisdiction or the recognition or enforcement
of judgments”. The rule has not yet been the subject of a
preliminary ruling by the CJEU, but there are four decisions on its immediate – and virtually identical1 – predecessor in Article 71 of the Brussels I Regulation2, three of
which deal with the 1956 Geneva Convention on the Contract for the International Carriage of Goods by Road
(CMR)3, a treaty that came into force long before the Brussels I Regulation did. Most of the decisions by national
courts on jurisdiction rules in conventions on particular
matters are also related to the transport sector. By contrast,
the subject matter of the fourth and most recent judgment
delivered by the CJEU is different: it examines the validity
of a provision on jurisdiction contained in a convention
enacted after the entry into force of the Brussels I Regulation, the Benelux Convention on Intellectual Property of
25 February 20054, a situation that, as shall be seen in the
next section, is not covered by Article 71 of the Brussels Ia
Regulation.
PUETZ, Achim (2018). Rules on Jurisdiction and Recognition or Enforcement of Judgments in Specialised Conventions on Transport in the Aftermath of TNT: Dynamite or Light in the Dark? The European Legal Forum, n. 5/6, p. 117-125
http://hdl.handle.net/10234/182253
Private International Law
Judgments in Civil and Commercial Matters
International Carriage of Goods by Road (CMR)
National Courts
Transport sector
European Union
Rules on Jurisdiction and Recognition or Enforcement of Judgments in Specialised Conventions on Transport in the Aftermath of TNT: Dynamite or Light in the Dark?