PIL instrument(s)
Brussels I
Case number and/or case name
Henri Essers en Zonen Internationaal Transport NV v. Unicorn Logistics - 04/4119 - Kh. Hasselt, 24 November 2004
Details of the court
Belgium, First Instance
Articles referred to by the court
Brussels I
Article 26
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 71
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Date of the judgement
23 November 2004
Appeal history
None
CJEU's case law cited by the court
None
Summary
This case is concerned with a claim for payment of a number of uncontested invoices issued in the framework of a contract governed by the CMR Convention. Art. 71 Brussels I provides that “This 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 CMR therefore takes precedence in cases concerning specific contracts of carriage. Short critique The Court correctly applies Brussels I.

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