Part IV Procedural and Systemic Issues, 25 Relationship with Other Instruments (Conventions on a Particular Matter)
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- Conflict of instruments — Jurisdiction under the Brussels-Lugano Regime — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Brussels II Regulation — Jurisdiction under the Lugano Convention — Jurisdiction under the traditional rules
This chapter considers the relationship of Brussels 2012 and Lugano 2007 with certain other instruments. It covers EU instruments, conventions between Member States, and conventions on a particular matter. It concludes that protection should be given to specialized conventions: as shown in Chapter 10, maritime claims largely depend on them. Nevertheless, it would be undesirable if the improvements developed in EU measures — especially Brussels 2012 — were inapplicable in cases to which specialized conventions applied. Thus, the Court of Justice of the European Union's decision in the <i>TNT Express Nederland</i> case was justified; however, working out practical solutions will not be easy.