Publication: Court of Justice EU 11th July 2918 ECLI:EU:C:2018:558
The carriage of a mobile cone (also referred to as a cylindroconical) crusher from Pori (Finland) to Sheffield (UK) by ALS subject to instructions of Metso. The crusher was loaded on a semi-trailer first and carried by road to Rauma (Finland). The crusher was unloaded from the trailer and moved on its own power on a roll-on/roll-off carrier vessel. The crusher was subsequently shipped to Hull (UK). At Hull the crusher was discharged and loaded on a semi-trailer and carried to Sheffield by truck. Prior to delivery to the consignee the crusher was lost.
Metso, being established in Finland, and their cargo insurers commenced legal proceedings in respect of the loss against ALS, being established in the UK before a Finnish Court. In first and second instance the Finnish Courts held that the Finnish Courts did not have jurisdiction in the case. The Finnish supreme Court requested the European Court of Justice for a preliminary ruling concerning the issue “how are the place or places where the service is provided to be determined in accordance with the second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 in a case involving a contract for the carriage of goods between Member States in which the goods are conveyed in several stages and by different means of transport?”.
The Court of Justice considered that by this question, the referring court looked to ascertain, in essence, whether the second indent of Article 5(1)(b) of Regulation No 44/2001 must be interpreted as meaning that, in the context of a contract for the carriage of goods between Member States in several stages and by a number of means of transport, such as that at issue in the main proceedings, both the place of dispatch and the place of delivery of the goods constitute places where transport services are provided, for the purposes of that indent.
The Court held that, the second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, in the context of a contract for the carriage of goods between Member States in several stages, with stops, and by a number of means of transport, such as that at issue in the main proceedings, both the place of dispatch and the place of delivery of the goods constitute places where transport services are provided, for the purposes of the Article referred to.
