This was a decision regarding a conflict of jurisdiction between the Commercial Court in Dubrovnik and the Municipal Court in Dubrovnik. On 24 April 2019, the plaintiffs filed a lawsuit with the Commercial Court in Dubrovnik for compensation for pecuniary and non-pecuniary damages due to the death of close relatives who died on 25 April 2017 as passengers in a speedboat when a motorboat ran into the speedboat. The Commercial Court in Dubrovnik declared itself incompetent to hear the matter. The Municipal Court in Dubrovnik caused a conflict of jurisdiction by stating that the case was a shipping dispute, and therefore the Commercial Court in Split had real and territorial jurisdiction.

Held: The Commercial Court in Split is competent to act in this case.

According to art 748 of the Civil Code which deals with collision of ships [and gives domestic implementation to the Collision Convention 1910], the provisions of that Chapter of the Code apply to every vessel regardless of its purpose, and to seaplanes on water, while art 749.1 stipulates that the provisions of that Chapter of the Code apply to liability for damage suffered by a ship, persons on board, or things on board, due to a collision of ships. Furthermore, art 750.1 provides that ships are responsible for damage in the cases specified in art 749 of that Code where it is proved that the damage was caused by their fault.

Commercial Courts in first-instance civil proceedings adjudicate disputes related to ships and navigation at sea and inland waters, and in disputes to which the law of navigation applies (navigation disputes). Thus, in this case, the Commercial Courts have jurisdiction.