Case number and/or case name
NV Transports Van Steenkiste v Mr Renato Massarenti - 3233/2005 - Kh. Kortrijk, 15 December 2005
Details of the court
Belgium, First Instance
Articles referred to by the court
Brussels I
Article 23
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
14 December 2005
CJEU's case law cited by the court
Summary
The fact that a party is a resident of Monaco does not change the applicability of the CMR Convention.
The Brussels I Regulation is not applicable if the defendant is a resident of Monaco. Moreover, the Regulation does not affect Conventions that are a ‘lex specialis’, such as the CMR Convention.
Since the CMR Convention does not determine the form of a choice of court clause, these aspects are determined by the ‘lex contractus’, indicated by the choice of law rules of the court seized by the case.