Utvrđivanje stvarne nadležnosti suda s obzirom na svojstvo subjekata, a ne vrstu spora : [prikaz presude]
Real competence with regard to the capacity in which a party to the dispute acts and not with regard to the type of the dispute in question : [case review]

Summary/Abstract: The provision of Article 161, paragraph 4 (Croatian Maritime Code) should be interpreted extensively. According to this provision the real competence of commercial courts is stipulated in respect of all disputes between members of a ship crew and the ship operator, as well as in respect of disputes between the ship master and the ship operator, and not only in respect of disputes between these persons aimed at obtaining compensation of physical injury or death. Consequently, the real competence shall lie with the commercial court. Real competence is stipulated by the quoted provision with regard to the capacity in which a party to the dispute acts, and not with regard to the type of the dispute in question.

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