Publication: Magyar Közlöny
Issue: MK-2006-128 (Year: 2006, Number: 128)
Era: 2004-2010
Section: 217/1998. (XII. 30.) Korm. rendelet
Paragraph Index: 2834

3. as ser ted his rights pur su ant to Ar tic le 17 § 3 or Ar - tic le 18 § 3. § 2 The right of the consignee to bring an action shall be extinguished from the time when the person designated by the consignee in accordance with Article 18 § 5 has taken possession of the consignment note, accepted the goods or asserted his rights pursuant to Article 17 § 3. § 3 An action for the recovery of a sum paid pursuant to the contract of carriage may only be brought by the person who made the payment. § 4 An action in respect of cash on delivery payments may only be brought by the consignor. § 5 In order to bring an action the consignor must produce the duplicate of the consignment note. Failing this he must produce an authorisation from the consignee or furnish proof that the consignee has refused to accept the goods. If necessary, the consignor must prove the absence or the loss of the consignment note. § 6 In order to bring an action the consignee must produce the consignment note if it has been handed over to him. Article 45 Carriers against whom an action may be brought § 1 Subject to §§ 3 and 4 actions based on the contract of carriage may be brought only against the first carrier, the last carrier or the carrier having performed the part of the carriage on which the event giving rise to the proceedings occurred. § 2 When, in the case of carriage performed by successive carriers, the carrier who must deliver the goods is entered with his consent on the consignment note, an action may be brought against him in accordance with § 1 even if he has received neither the goods nor the consignment note. § 3 An action for the recovery of a sum paid pursuant to the contract of carriage may be brought against the carrier 2006/128. szám who has collected that sum or against the carrier on whose behalf it was collected. § 4 An action in respect of cash on delivery payments may be brought only against the carrier who has taken over the goods at the place of consignment. § 5 An action may be brought against a carrier other than those specified in §§ 1 to 4 when instituted by way of counter-claim or by way of exception in proceedings relating to a principal claim based on the same contract of carriage. § 6 To the extent that these Uniform Rules apply to the substitute carrier, an action may also be brought against him. § 7 If the plaintiff has a choice between several carriers, his right to choose shall be extinguished as soon as he brings an action against any one of them; this shall also apply if the plaintiff has a choice between one or more carriers and a substitute carrier. Article 46 Forum § 1 Actions based on these Uniform Rules may be brought before the courts or tribunals of Member States designated by agreement between the parties or before the courts or tribunals of a State on whose territory

Source: https://magyarkozlony.hu/hivatalos-lapok/2e4053c97e04fee558f82d9fb365ea77452ed7bd/dokumentumok/66361d311c443bfe45b634a8bd519435b1a04ef7/letoltes