Materials on Commercial Law - Volume I

PART I PROCEDURAL LAW 9
1.1 Conventions 11
1.1.1 Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention) 11
1.2 Regulations 41
1.2.1 Regulation (EU) no 1215/2012 of the European Parliament and of the Council 41

PART II MARITIME AND TRANSPORT LAW 67
2.1 Conventions 69
2.1.1 Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels (Brussels, 23 September 1910) 69
2.1.2 International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (“Hague Rules”), and Protocol of Signature (Brussels, 25 August 1924) 73
2.1.3 Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva, 19 May 1956) 79
2.1.4 International Convention for the Unification of Certain Rules of Law relating to Bills
of Lading, as amended by the Brussels Protocol 1968 and Protocol (SDR) Protocol
amending the International Convention for the Unification of Certain Rules of Law
relating to Bills of Lading, as amended by the Protocol of 23 February 1968 (Visby
Rules) (Brussels, 21 December 1979) 93
2.1.5 International Convention on Civil Liability for Oil Pollution Damage (London,
27 November 1992) 99
2.1.6 Convention on the International Regulations for Preventing Collisions at Sea (London, 20 October 1972) 109
2.1.7 Athens Convention relating to the Carriage of Passengers and their Luggage By Sea as
amended by the Protocol of 2002 to the Athens Convention relating to the Carriage of
Passengers and their Luggage by Sea, 1974 (London, 1 November 2002) 133
2.1.8 Convention on Limitation of Liability for Maritime Claims, 1976 as amended by the
Protocol of 1996 (London, 2 May 1996) 149
2.1.9 United Nations Convention on the Carriage of Goods by Sea (Hamburg, 31 March 1978) 157
2.1.10 United Nations Convention on the Law of the Sea (Montego Bay, 10 December 1982) 171
2.1.11 International Convention on Salvage, 1989 (London, 28 April 1989) 305
2.1.12 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 313
2.1.13 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996, and the Protocol of 2010 to the Convention (London, 30 April 2010) 331
2.1.14 Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999) 381
2.1.15 Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM – Appendix B to the Convention) 395
2.1.16 Uniform Rules concerning the Contract of International Carriage of Passengers by Rail (Bern, 9 May 1980) 413
2.1.17 International Convention on Civil Liability for Bunker Oil Pollution Damage (London, 23 March 2001) 431
2.1.18 Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways
(Budapest, 22 June 2001) 441
2.1.19 Internal Regulations of the International Oil Pollution Compensation Supplementary
Fund established under the 2003 Supplementary Fund Protocol (London, 16 May 2003) 455
2.1.20 The Nairobi International Convention on the Removal of Wrecks (Nairobi, 18 May 2007) 467
2.2 Regulations 477
2.2.1 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 477
2.2.2 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations 487
2.2.3 Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents 517
2.2.4 Regulation (EU) no 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 539
2.3 Directives 555
2.3.1 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage 555
2.3.2 Directive 2009/20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of shipowners for maritime claims 573
2.4 Domestic Law 577
2.4.1 Carriage Of Goods By Sea Act 1971 (UK law) 577
2.4.2 Dutch Civil Code Book 8 Transport law and means of transport (Dutch law, unofficial English translation) 581
2.4.3 German Commercial Code (Extract from Book Four – Commercial Contracts) (German law, unofficial English translation) 593
2.5 Standard Rules 617
2.5.1 The German Freight Forwarders’ Standard Terms and Conditions 2017 (Allgemeine Deutsche Spediteurbedingungen 2017 – ADSp 2017) 617
2.5.2 Dutch Forwarding Conditions 633
2.5.3 Paris Memorandum Of Understanding On Port State Control 643
2.6 Soft Law 651
2.6.1 York-Antwerp Rules 1994-2004-2016 651

PART III COMPANY LAW 673
3.1 Regulations 675
3.1.1 Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE) 675 3.1.2 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on Insolvency Proceedings 739
3.2 Directives 783
3.2.1 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses 783
3.2.2 Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on Takeover Bids 791
3.2.3 Council Directive 2009/133/EC of 19 October 2009 on the common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of the registered office of an SE or SCE between Member States 807
3.2.4 Council Directive 2011/96/EU of 30 November 2011 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States 819
3.2.5 Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law 829
3.2.6 Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency) 895