On the 9th of July 2009, the EU Court of Justice ruled in the Rehder/Air Baltic case that the connecting factor for determining the jurisdiction in international passenger transport cases, in particular “the place of performance of the contract of carriage”, can be both the place of departure and the place of destination. The choice is up to the plaintiff.
Until now, this rule had never been confirmed with regard to carriage of goods. The need for clarity on the subject was then brought before the Court of Justice in the case of Zurich Insurance PLC and Metso Minerals Oy v. Abnormal Load Services (International) Ltd.
The Court of Justice now confirms its earlier ruling in its judgment of 11 July 2018 with regard to freight carriage, stating that in disputes concerning international carriage of goods, the competent court may be either the place of departure or the place of destination, at the choice of the cargo interest-claimant.
The Court so considers that both places constitute in the same way a 'place of performance', since the carrier has important obligations to fulfil in both places in order to complete the transport operation.
With this judgment, the Court has been able to further define the criterion for determining the competent court in international transport matters.
If you want more information on this ruling of the ECJ, please contact firstname.lastname@example.org