Nejvyšší soud Brno, usnesení ze dne 16/02/2011 4 Nd 418/2010 S.ž.d.c. against G.T.P.S.
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2011:4.ND.418.2010.1
Date: 2011-02-16
Subject matter: Judicial cooperation in civil matters
Origin: Czechia

82011CZ0216(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Czech plaintiff initiated proceedings for non-payment before the Krajský soud of Brno (CZ) against a Polish defendant. The claim arose from an agreement concluded in 2001 between the parties, whereby the parties agreed that so far as their relationship was not explicitly regulated in the agreement, it was to be subject to the CIM Uniform Rules and Czech legislation. They also agreed to a prorogation clause in favour of the Krajský obchodní soud of Brno. The Vrchní soud of Olomouc (CZ) as the court with competence to decide on jurisdictional conflicts, decided that, pursuant to Article 23 of the Brussels I Regulation, the Czech courts have exclusive jurisdiction based on the agreement between the parties and asked the Krajský soud of Brně (CZ) to submit the matter to the Nejvyšší soud (CZ) to decide, pursuant to § 11 (3) of the Czech Civil Procedure Code, which Czech court should hear the case.
The Nejvyšší soud (CZ) does not agree with the Vrchní soud of Olomouc and holds that the jurisdiction of the Czech courts is based on the agreement of the parties pursuant to Article 46(1) of the Uniform Rules Concerning Contracts on the International Carriage of Goods by Rail (CIM), annexed to the Convention Concerning International Carriage by Rail (COTIF), and signed by both the Czech Republic and Poland. The court holds on the basis of Article 71(1) of the Brussels I Regulation that this rule, as a jurisdictional rule in a convention on particular matters, is to be given priority over the jurisdiction provisions in the Brussels I Regulation, and that this rule also applies to prorogation agreements. Therefore, if an international convention in relation to particular matters contains provisions on jurisdiction agreements, such provisions are to be given priority over Article 23 of the Brussels I Regulation.