Article 71
1\. This Regulation shall not affect any conventions to which the Member States are parties and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.
2\. With a view to its uniform interpretation, paragraph 1 shall be applied in the following manner:
(a) this Regulation shall not prevent a court of a Member State, which is a party to a convention on a particular matter, from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in another Member State which is not a party to that convention. The court hearing the action shall, in any event, apply Article 26 of this Regulation;
(b) judgments given in a Member State by a court in the exercise of jurisdiction provided for in a convention on a particular matter shall be recognised and enforced in the other Member States in accordance with this Regulation.
Where a convention on a particular matter to which both the Member State of origin and the Member State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Regulation which concern the procedure for recognition and enforcement of judgments may be applied.
Brite Strike Technologies Inc. v Brite Strike Technologies SA
Article 71, read in the light of Article 350 TFEU, does not preclude applying the rule of jurisdiction in Article 4.6 of the Benelux Convention on Intellectual Property to disputes relating to Benelux trade marks and designs.
Nickel & Goeldner Spedition GmbH v 'Kintra' UAB
Where a dispute falls within both Regulation No 44/2001 and the Convention on the Contract for the International Carriage of Goods by Road, a Member State may, under Article 71(1) of that regulation, apply the jurisdiction rules in Article 31(1) of that convention.
Nipponkoa Insurance Co. (Europe) Ltd v Inter-Zuid Transport BV
Article 71 of Regulation No 44/2001 precludes an international convention from being interpreted in a way that does not ensure, under conditions at least as favourable as those laid down by that regulation, observance of the regulation's underlying objectives and principles.
Nipponkoa Insurance Co. (Europe) Ltd v Inter-Zuid Transport BV
Even where one action seeks a negative declaration and the other seeks indemnity, Article 71 of Regulation No 44/2001 precludes treating them under Article 31(2) of the Convention on the Contract for the International Carriage of Goods by Road as not having the same cause of action when they are between the same parties in different Member States.
TNT Express Nederland BV v AXA Versicherung AG.
Under Article 71 of Regulation No 44/2001, in a case such as the main proceedings, the jurisdiction, recognition and enforcement rules laid down by a convention on a particular matter - such as the rules in Article 31(2) and Article 31(3) of the CMR Convention - apply only if they are highly predictable, facilitate the sound administration of justice, minimise the risk of concurrent proceedings, and ensure, under conditions at least as favourable as those under the regulation, the free movement of judgments in civil and commercial matters and mutual trust in the administration of justice in the European Union.