Article 13 of the Cape Town Convention and Article 31 of Regulation No. 44/2001—An EU Law Perspective

Abstract

This article considers Article 13 of the Convention on International Interests in Mobile Equipment (‘Convention’) and the Protocol thereto on Matters Specific to Aircraft Equipment (‘Aircraft Protocol’) in the context of Article 31 of EU Regulation 44/2001 (the ‘Brussels Regulation’) 1 from an EU law perspective. In particular, the focus of this article is on the effect of EU accession to the Convention and the EU law interpretation of Article 31 of the Brussels Regulation (which allows provisional, including protective, measures granted by a Member State to be enforced by any other Member State) in the context of seeking to enforce a remedy under Article 13 of the Convention in the EU. This article is divided into the following parts: (i) an analysis of Articles 13 and 43 of the Convention;(ii) accession of the EU to the Convention and the Brussels Regulation; (iii) Article 31 of the Brussels Regulation and key aspects of its interpretation by the European Court of Justice (‘Court of Justice’); (iv) the ...