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Appeal judgment in CMR: burden of proof (Art 29), breakthrough limit (Art 23)

Appeal judgment in CMR: burden of proof (Art 29), breakthrough limit (Art 23)

by Editor | Aug 2, 2020 | Carriage by Road, Summaries of Cases

Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam On 24 March 2020 the Court of Appeal in Den Bosch (Bois-le-duc) handed down a judgment in a CMR road transport case where several parcels appeared to have been gone missing, most probably during...
Gross negligence and limitation of liability in carriage of pharmaceuticals

Gross negligence and limitation of liability in carriage of pharmaceuticals

by Editor | Jan 20, 2020 | Carriage by Road, Summaries of Cases

Lars Rosenberg Overby and Mads Poulsen, IUNO Denmark Two cases recently decided by the Maritime and Commercial High Court both involved carriage of pharmaceuticals, and both centered on allegations of “gross negligence”, which would permit the plaintiff to avoid...
Proof of carrier’s qualified fault in case of partial loss of transported goods

Proof of carrier’s qualified fault in case of partial loss of transported goods

by Editor | Jan 9, 2020 | Carriage by Road, Summaries of Cases

Wassilis Thomas, Arnecke Sibeth Dabelstein, Germany The plaintiff’s insured commissioned the defendant with a carriage by truck in Germany. In the written transport order the column “Shipment data” mentioned only “13.5 LDM” (ie, 13.5...
Provision of land transportation services in Mexico

Provision of land transportation services in Mexico

by Editor | Jun 14, 2019 | Carriage by Road, National Issues

María Elena Sierra Díaz, AS Consultores, Mexico The Freight Forwarding Agent is a corporation established in accordance with the Mexican legislation and its corporate bylaws shall include the provision of services for the transportation of all kinds of personal...
Carrier’s liability for implementing safety instructions

Carrier’s liability for implementing safety instructions

by Editor | Jan 4, 2019 | Carriage by Road, Summaries of Cases

Dr. Marco Remiorz, Arnecke Sibeth Dabelstein, Germany The Bremen Regional Court recently held a road carrier liable for loss of goods under Article 29 of the Convention on the Contract for the International Carriage of Goods by Road (CMR). According to the court, the...
Derogation from CMR by Framework Agreement

Derogation from CMR by Framework Agreement

by Editor | Jun 18, 2018 | Carriage by Road, Summaries of Cases

Arnold Van Steenderen, Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Under the Convention on the Contract for the International Carriage of Goods by Road (CMR) carriers shall be free to agree among themselves on provisions other than those...
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