Проблемът за скритото стълкновение на норми на Регламент 44/2001 и Конвенцията за договора за международен автомобилен превоз на стоки (CMR)
The hidden Conflict of Norms in Regulation 44/2001/EU and the Convention on the Contract for the International Carriage of Goods by Road (CMR)

Summary/Abstract: INTERNATIONAL PRIVATE LAW // The present article discusses the hidden conflict of norms between Regulation 44/2001/EU concerning the jurisdiction and the recognition and enforcement of court orders in civil and commercial matters and the Convention on the International Carriage of Goods by Road Contract (CMR). The analysis dwells on the ways in which courts in different member states in EU apply their independent interpreting of the concept of “the international carriage of goods by road” contract. The article quotes some examples which illustrate how different interpretations of the concept lead to a different recognition of the international jurisdiction. The difference is found not only in the source which defines the jurisdiction, but also in the criteria which either determine the qualification, or are used by the competent courts. The author con- siders some feasible solutions and makes a proposal de lege ferenda, namely that the European Union accede to the CMR Convention.

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