SINGLE MARKET AND THE LIABILITY OF THE CARRIER FOR DAMAGES TO THE CARGO: ANY LINK? PROF. DR. SC. NIKOLETA RADIONOV UNIVERSITY OF ZAGREB SCHOOL OF LAW Croatian transport law association Nikoleta.radionov@pravo.hr

EU COMPETENCIES AND TRANSPORT: shared competence between EU and MS When the Treaties confer on the Union a competence shared with the Member States in a specific area, the Union and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the Union has not exercised its competence. The Member States shall again exercise their competence to the extent that the Union has decided to cease exercising its competence (Art. 2/2 TFEU). Shared competence between the Union and the Member States applies in the following principal areas (Art. 4/2 TFEU): g) Transport PREEMPTIVE POWERS: when EU regulates certain issue, MS lose the power to do so. When the said EU provision ceases to exist, the power to regulate the said issue returns to the MS.

International conventions Harmonization of transport law with the acquis communautaire: contract of carriage of goods Acquis communautaire International conventions National legislation NO acquis on contract of carriage of goods NOT EU COMPETENCE! Contract on international carriage of goods Contract on national carriage of goods NATIONAL LAW

LIMITATION OF LIABILITY FOR CARGO DAMAGES: INTERNATIONAL TRANSPORT CASE STUDY: CROATIA SEA INTERNAL WATERWAYS ROAD RAILWAYS AIR 1968 Haag-Visby Rules 2001 CMNI 1956 CMR 1978 SDR Protocol (from 1.5.2017.) 1999 COTIF-CIM 1999 Montreal Convention 1 SDR = cca 1,3 EUR 666,67 SDR/package or 2 SDR/kg (cca 847 EUR/package or 2,5 EUR/kg) Untill 1.5.2017. 25 Gérminal franaka/kg (cca 288 EUR/kg) After 1.5.2017. 8,33 SDR/kg (cca 10,6 EUR/kg) 17 SDR/kg (cca 21,6 EUR/kg)

Divergent liability regimes in international carriage of goods by road CASE: 20.000 kg per 100 EUR/kg = 2 MIL EUR damages CMR ‘56: limit 5,6 MIL EUR = FULL DAMAGE PAYABLE (small part - insurance cover?) CMR-SDR Protocol ‘78: limit 212.000 EUR (full insurance cover)

Conclusion LEGAL REGIMES: HIGHLY DIVERGENT CARRIAGE OF GOODS BY ROAD: COMPETENCE OF MEMBER STATES IMPORTANT: GOOD CARE OF NATIONAL TRANSPORT LEGISLATION VITAL INTEREST OF TRANSPORT INDUSTRY: DAMAGES! LEGAL REGIMES: HIGHLY DIVERGENT BETWEEN TRANSPORT MODES NATIONAL VS. INTERNATIONAL TRANSPORT