Landmark ECJ Ruling on Liability Limitation for Cargo Theft
Rotterdam based law firm AKD said a recent landmark decision of the European Court of Justice in Luxembourg definitively puts its weight behind forum shopping to limit liability under the CMR Convention in carrier-friendly countries. This is a boon to the Dutch jurisdiction and specifically comes at the expense of the courts in Germany. The ruling had its origins in a dispute between cargo interests and carriers involving the theft of four consignments of Canon cameras during…
Carriers Ponder Dutch Ruling in CMR Dispute
Netherlands law firm AKD Prinsen Van Wijmen says a recent decision of the Dutch Supreme Court indicates that, whilst Holland remains an extremely carrier-friendly jurisdiction for disputes under the Convention on the Contract for the International Carriage of Goods by Road (CMR), a much stricter approach is to be adopted to the Act of God exemption from liability for loss and damage under CMR. In its April 24 decision in Philips Electronics NV v Vos Logistics, the Supreme Court upheld the earlier decisions of the court of first instance and the Court of Appeal in finding that Vos Logistics could not rely on the CMR Article 17 (2) Act of God defence in respect of the theft of a consignment of electrical goods whilst enroute by road from Belgium to Warsaw, Poland.
