Определяне на компетентността на съдилищата по искове по договор за превоз на пътници с туристическа цел в ЕС
Report on Subject: Determination of the Jurisdiction of the Courts on Civile Claims About Contract for Carriage of Passangers for Tourism in EU

Author(s): Anna Mihova-Georgieva
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Икономически университет - Варна
Summary/Abstract: Тhe contract of carriage of passengers for tourism in EU are applicable provisions of Regulation №44 ( 2001. Under this regulation, there are three types of jurisdiction applicable to relations arising from such contracts, namely: general jurisdiction, special jurisdiction and contractual jurisdiction. General jurisdiction is identical to the general jurisdiction under Bulgarian law (art. 105 CCP), where it is established that competent is the court in the area of which was the permanent and current address of the defendant. According to the special jurisdiction laid down in the Regulation, the passenger may select the court which has jurisdiction to hear the dispute (court of the consumer's domicile or that of the defendant). The legal competence derogate from the first two, it allows the parties to choose the competent court under certain conditions. Finally there is an option to be applicable the jurisdiction to this court before which the defendant appeared and made no objection to jurisdiction.

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