Διεθνής δικαιοδοσία στις διεθνείς μεταφορές εμπορευμάτων
Μπώλος, Άγγελος Π.
Μεταφορές -- Δίκαιο και νομοθεσία Εμπορεύματα -- Μεταφορές Transportation -- Law and legislation Commercial products -- Transportation
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
Transportation is the movement of passengers and cargo handling from one place to another. Depending on means used for the execution of transfer, carriage of goods is divided into road, rail, air and sea. Nowadays, the continuing expansion of eco-nomic activity and the intensification of trade within the internal market, particularly after the introduction of euro and the use of new technology, helped carriage of goods to play an influential role in international trade. The rapid distribution of prod-ucts in international markets contributed to the establishment of international cooper-ation between countries in transport law. The collaboration was initially a form of government cooperation in solving technical issues and then took the form of interna-tional consolidation of transport law. The integration of transport law took place by drafting international Conventions (CMR, COTIF/CIM, Warsaw and Montreal, Hague-Visby Rules), which established uniform rules of substantive private international law.The connection of international transport with more than one countries raises questions about the court that has jurisdiction to settle disputes which have arisen or which may arise from the contracts of carriage. In this case, the jurisdiction of courts will be decided based either on the international Conventions governing the carriage either on the provisions of Regulation 44/2001, which adjustable jurisdiction in civil and commercial matters, including freight services. In cases that none of the parties to the international carriage is a EU Μember State, jurisdiction is governed by the above international texts, as long as these countries have signed the Conventions. But when the carriage is associated with certain EU Member State and becomes a community transport, then the provisions of international Conventions are in conflict with Community provisions of Regulation Brussels I. Since the Regulation is a legis-lative act, general and immediately applicable and binding on all EU Member States, we conclude that its provisions prevail over the relevant provisions of international Conventions. Thus, jurisdiction in such disputes is in principle under Art. 2 of Regula-tion 44/2001, which establishes the general jurisdiction of domicile of the defendant. Moreover, since carriage of goods requires training specific contract, Art. 5 § 1 can be also applied conferring over contract disputes special concurrent jurisdiction on the place of performance, and in particular paragraph (b) of this Article, which pro-vides that when it comes to services, like freight, judicial competence acquire beyond the courts the domicile of the defendant and courts of the place where, under the contract the services were provided or should have been provided.In any case, what was said above for the Art. 2 and 5 of Regulation 44/2001 may have little practical importance, since in the majority of international freight transport,iiiit is very frequent constituting in fact a ‘’usage of international trade" to include juris-diction agreements in the transport documents, such as marine bill of lading, delivery orders cmr, etc. In our opinion, today there are very few cases in which the parties to the contract of carriage don’t make a choice court. Jurisdiction agreements are one of the most important sources of jurisdiction in commercial cases, especially in inter-national transport cases. Therefore, jurisdiction in international carriage of goods is usually covered by Art. 23 of Regulation Brussels I. With these clauses, jurisdiction is extended on the courts of the place where the carrier has his domicile. Agreements on jurisdiction are regarded as a vital business practice for the carrier, since they give him the power to perform the proceedings against himself at the place and (usually) in accordance with the law, he knows, in order to be able to identify in advance his rights and obligations.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ιδιωτικού Δικαίου, 2010