1. 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

2. 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.

3. 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

4. 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 )
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
25 Gérminal franaka/kg
(cca 288 EUR/kg)
After
8,33 SDR/kg
(cca 10,6 EUR/kg)
17 SDR/kg
(cca 21,6 EUR/kg)

5. Divergent liability regimes in international carriage of goods by road
CASE:
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 EUR (full insurance cover)

6. 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