Test exam International Business Law MER + answers
This part consists of 11 questions, with a maximum of 80 points.
Note: on the actual exam the main issues (questions 1 - 4) will only be asked once. The exam will
consist of 9 or 10 questions, with a maximum of 50 points.
You may answer in English and in Dutch.
The appendix below contains excerpts of the relevant Treaties and Regulations.
States that have ratified the CISG: Czech Republic, Croatia, France, Netherlands.
States that have ratified the CMR: Czech Republic, Croatia, France, Malta, Netherlands.
The Maltese company Sigaretti, established in Valetta, is a producer of cigarettes and cigars. She buys
a machine for the packaging of cigarettes from the Czech company Rojek, established in Prague. The
parties agree on delivery DAT Rijeka, which means that the seller will take care of transport of the
machine to the harbour of Rijeka in Croatia.
When the machine has been produced and is ready for transport, Rojek engages road carrier
Intertsjech, established in Prague in the Czech Republic. Intertsjech will transport the machine from
Prague to Rijeka in Croatia. The parties agree that all conflicts arising from this contract will be
brought before a Czech court.
When Intertsjech unloads the machine in the harbour of Rijeka, is becomes clear that Sigaretti has
not organised a ship to take over the machine. Intertsjech is forced to store the machine. He claims
compensation of the storage costs from Rojek.
1. What court(s) of law has (have) jurisdiction in this case? (15 points)
Note: Intertsjech and Rojek closed a contract of carriage.
No arbitration. (1)
Specific treaty? CMR? (1)
See art. 1 CMR: (1)
place of loading and place of delivery in different countries: Czech republic and Croatia (which
makes this an international contract, even if both parties are Czech). Is at least one state a
contracting country? Yes (in this case both are), so CMR applies. (3)
See Art. 31 for jurisdiction: (1)
court of choice of the parties = Czech court (2)
+ the courts in the country:
- of the defendant = Rojek -> Czech court (2)
- where goods were taken over by the carrier = Czech court (2)
- of delivery = Croatian court. (2)
2. What law applies to this contract? (15 points)
Specific treaty? Yes, CMR is the law that applies. (1)
But CMR is not complete, so the gapfilling law has to be determined. (2)
Within the EU the general rule is Rome I. (2)
Art. 3: choice of law? No. (1)
Art. 5: the law applicable shall be the law of the country of habitual residence of the carrier =
Czech Republic (3)
provided that there is a second link with that country: (1)
the place of receipt = Czech Republic (1)
(or the place of delivery = Croatia
1
This part consists of 11 questions, with a maximum of 80 points.
Note: on the actual exam the main issues (questions 1 - 4) will only be asked once. The exam will
consist of 9 or 10 questions, with a maximum of 50 points.
You may answer in English and in Dutch.
The appendix below contains excerpts of the relevant Treaties and Regulations.
States that have ratified the CISG: Czech Republic, Croatia, France, Netherlands.
States that have ratified the CMR: Czech Republic, Croatia, France, Malta, Netherlands.
The Maltese company Sigaretti, established in Valetta, is a producer of cigarettes and cigars. She buys
a machine for the packaging of cigarettes from the Czech company Rojek, established in Prague. The
parties agree on delivery DAT Rijeka, which means that the seller will take care of transport of the
machine to the harbour of Rijeka in Croatia.
When the machine has been produced and is ready for transport, Rojek engages road carrier
Intertsjech, established in Prague in the Czech Republic. Intertsjech will transport the machine from
Prague to Rijeka in Croatia. The parties agree that all conflicts arising from this contract will be
brought before a Czech court.
When Intertsjech unloads the machine in the harbour of Rijeka, is becomes clear that Sigaretti has
not organised a ship to take over the machine. Intertsjech is forced to store the machine. He claims
compensation of the storage costs from Rojek.
1. What court(s) of law has (have) jurisdiction in this case? (15 points)
Note: Intertsjech and Rojek closed a contract of carriage.
No arbitration. (1)
Specific treaty? CMR? (1)
See art. 1 CMR: (1)
place of loading and place of delivery in different countries: Czech republic and Croatia (which
makes this an international contract, even if both parties are Czech). Is at least one state a
contracting country? Yes (in this case both are), so CMR applies. (3)
See Art. 31 for jurisdiction: (1)
court of choice of the parties = Czech court (2)
+ the courts in the country:
- of the defendant = Rojek -> Czech court (2)
- where goods were taken over by the carrier = Czech court (2)
- of delivery = Croatian court. (2)
2. What law applies to this contract? (15 points)
Specific treaty? Yes, CMR is the law that applies. (1)
But CMR is not complete, so the gapfilling law has to be determined. (2)
Within the EU the general rule is Rome I. (2)
Art. 3: choice of law? No. (1)
Art. 5: the law applicable shall be the law of the country of habitual residence of the carrier =
Czech Republic (3)
provided that there is a second link with that country: (1)
the place of receipt = Czech Republic (1)
(or the place of delivery = Croatia
1
