Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The Court of Justice on relationship between the Regulation Brussels I bis and the CMR Convention in the recognition of judgments
21 March 2024
The Court of Justice of the European Union, by judgment ECLI:EU:C:2024:252, dated 21 March 2024, in Case C-90/22 – in proceedings between ‘Gjensidige’ ADB, an insurance company, and ‘Rhenus Logistics’ UAB, a transport company, concerning reimbursement of the indemnity paid by Gjensidige to ‘ACC Distribution’ UAB by way of compensation for damage suffered by the latter in connection with performance of a contract for international carriage concluded with Rhenus Logistics, pursuant to the CMR Convention of 19 May 1956 – ruled that Article 45(1)(a) and (e)(ii) of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that it does not allow a Member State court to refuse to recognise the judgment of a court of a different Member State on the ground that the latter court declared itself to have jurisdiction to rule on an action brought pursuant to a contract of international carriage, in disregard of an agreement conferring jurisdiction, within the meaning of Article 25 of that regulation, that forms part of that contract.
The text is available here