In a recent case, the so-called TNT case, the Court of Justice was asked to issue a preliminary ruling on the relationship between the Regulation Brussels I and the Convention on the Contract for the International Carriage of goods by road, generally known by the acronym of its French version title CMR. The CMR is an international multilateral convention and one of a limited number of instances of successful unification treaties in commercial matters. It includes both substantive provisions regulating contracts for the carriage of goods as well as procedural rules. In particular in only one provision, Article 31, does the CMR provide a rule of jurisdiction for disputes arising out of a contract for the carriage of goods governed by the convention (paragraph 1), a rule to avoid the duplication of actions (paragraph 2) and a rule governing the recognition of judgments (paragraph 3). The specific issue of the circulation of judgments in transport law area gives the opportunity to deal with the more general question of (possible) inconsistency between specialised conventions and the main principles that underlie judicial cooperation in civil and commercial matters in the European Union. Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders. It is a refereed review and in the subject of Civil litigation and Dispute Resolution is ranked in as the second non us review (combined score 57.1).
Recognition and enforcement of judgments in carriage of good by road matters in the european union.
MARIANI, MARIA PAOLA
2012
Abstract
In a recent case, the so-called TNT case, the Court of Justice was asked to issue a preliminary ruling on the relationship between the Regulation Brussels I and the Convention on the Contract for the International Carriage of goods by road, generally known by the acronym of its French version title CMR. The CMR is an international multilateral convention and one of a limited number of instances of successful unification treaties in commercial matters. It includes both substantive provisions regulating contracts for the carriage of goods as well as procedural rules. In particular in only one provision, Article 31, does the CMR provide a rule of jurisdiction for disputes arising out of a contract for the carriage of goods governed by the convention (paragraph 1), a rule to avoid the duplication of actions (paragraph 2) and a rule governing the recognition of judgments (paragraph 3). The specific issue of the circulation of judgments in transport law area gives the opportunity to deal with the more general question of (possible) inconsistency between specialised conventions and the main principles that underlie judicial cooperation in civil and commercial matters in the European Union. Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders. It is a refereed review and in the subject of Civil litigation and Dispute Resolution is ranked in as the second non us review (combined score 57.1).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.