Vaasan hovioikeus; 2015-03-30; M Oy, A Ltd; VaaHo:2015:5
Decision by national courts in the field of European Union law — ECLI:FI:VAAHO:2015:5
Date: 2015-03-30
Subject matter: Judicial cooperation in civil matters
Origin: Finland

82015FI0330(51)_ENG_SUMJURE
JURE summary
JURE summary
ECLI:FI:VaaHO:2015:5
International procedural law — Jurisdiction of the Court of Finland — Brussels I Regulation — Contract of carriage — Road transport — Argument
This case regards a question over the jurisdiction of the Finnish courts to resolve a complaint concerning damages in international transport. Transport carried out in Finland and England and marine transportation between these countries was not considered as international transport as defined in the Road Transport Law, nor was the Finnish District Court able to base its jurisdiction pursuant to Article 42 of the Road Transport Law.
The District Court was not the court of the defendant’s domicile as supposed by Article 2 of the Brussels I Regulation (Regulation (EC) No 44/2001) and the District Court was not considered as the court having the jurisdiction as supposed by Article 5 of that Regulation (according to the place where the obligation mentioned in the complaint was performed or should have been performed).
In addition, the question was also, amongst other things, about an agreement conferring jurisdiction, application of standard contract terms and argument reproduction in the Court of Appeal.