Exercise 2:

The Spanish company A and the Dutch company B entered into a contract for the carriage of
goods by road. In accordance with the contract, the carrier had to take over the goods in
Amsterdam in order to carry and deliver them to the Spanish company in Barcelona. The
goods weighed 13 kg. and its purchase price was 60.390 euros.

Unfortunately, the goods were not delivered to their destination in Barcelona.

Consequently, the legal representative of the Spanish company wishes to know the answer
to the following questions:

1.- Whether the Spanish company can bring an action against the Dutch company before the
Spanish courts. The company’s legal representative is afraid that the Convention on the
Contract for the International Carriage of Goods by Road of 1956 prohibits such a possibility.

First, identify the parties: Spanish company and a Dutch company  different countries =
INTERNATIONAL CONTRACT. The companies are private.

Second, identify the relationship between the parties (contractual relationship  commercial
relationship). Parties celebrate a carriage of goods by road.

PROBLEM  goods not delivered

Yes, the Spanish company can bring an action against the Dutch company before the Spanish
courts. According to article 31 of the Convention on the Contract for the International Carriage
of Goods by Road of 1956. It allows us to decide, we have plenty of places possible to bring an
action. We have to check if Spain and Netherlands have ratified this law. The courts of
Netherlands applied this law. The courts of Spain didn’t ratify this law. (AIXO ES MIRA AL LINK).
The convention cannot be applied in Spain because it is not ratified. So, we have to find out
another legal instrument to answer the first question.

In an international case more than one convention can be applied to solve the case.

European Union Regulation 1215/2012 on jurisdiction and recognition and enforcement of

judgments in civil and commercial matters (Brussels I Regulation): Articles 1, 2, 3, 4, 71 and 81.
Spain and Netherlands are EU countries, so it applies in both countries.

Spanish Judiciary Act, of 1986 (Article 22 quinquies). This also helps the judge to solve the case.

EU legislation prevails the Spanish law so, we have to check the European Union Regulation
1215/2012 on jurisdiction and recognition and enforcement of judgments in civil and
commercial matters (Brussels I Regulation): Articles 1, 2, 3, 4, 71 and 81 in order to solve the
case. In article 7, we can find things related with our type of contract. Article 7.1 second
jurisdiction (b la segona ralla) solve our case (the services were provided or should have been
provided), so the regulation can be applied.

2.- Which law would be applicable in order to solve the controversy?

The law that should be applied in order to solve the controversy is European Union Regulation
593/2008 on the law applicable to contractual obligations (Rome I Regulation): Articles 1, 2,
25, 28 and 29. Concretely, article 5 of the regulation (contracts of carriage).
Legal instruments potentially applicable

1. European Union Regulation 593/2008 on the law applicable to contractual obligations

(Rome I Regulation): Articles 1, 2, 25, 28 and 29.

2. European Union Regulation 1215/2012 on jurisdiction and recognition and enforcement of

judgments in civil and commercial matters (Brussels I Regulation): Articles 1, 2, 3, 4, 71 and
81.

3. Convention on the Contract for the International Carriage of Goods by Road of 1956:
Articles 1, 41 and 43. In addition, see also:

https://treaties.un.org/Pages/showDetails.aspx?objid=0800000280032fd3&clang=_en

4. Spanish Judiciary Act, of 1986 (Article 22 quinquies).

5. Spanish Civil Code (Article 10.5).