what is the scope of article cmr convention

What Is the Scope of Article 32 of the CMR Convention? The Dutch courts have issued interesting decisions that shed further light on the issue of time bar under the Convention on the Contract for the International Carriage of Goods by Road (CMR). Under Article 32 of the convention, the limitation period is one year for "actions arising out of carriage" under the convention. In several cas es the courts had to determine what an action arising out of CMR carriage actually means: does such action involve only the carrier's liability (ie, a narrow interpretation) or do all claims arising out of CMR carriage fall within the scope of Article 32? Background It is generally accepted that the limitation period for all claims arising out of transport is one year. Therefore, a claim by the cargo owner against the carrier for loss of or damage to goods, or a claim by the carrier against the shipper for freight or delays, falls within the scope of Article 32. The one-year time bar also applies where the carrier is faced with a claim based on tort, rather than on the CMR contract. Several Dutch courts have confirmed that Article 32 applies to all actions involving transport. Therefore, the claim must relate to CMR transport. Dutch Court Decisions A famous Supreme Court decision on Article 32 of the convention, AXA v De Poorter , must be highlighted. (1) In this case the Supreme Court used a broad interpretation of Article 32. The court held that the one-year time bar applied to a claim by a carrier for damages to its truck following an incident whereby the truck was damaged by the collapse of a loading platform. It appeared from the facts that the truck with cargo was too heavy for the platform. The carrier argued that t he party that arranged for the loading of the truck was liable for the damages since it had overloaded the truck. However, the carrier did not file a claim within the one-year limitation period and the court confirmed that the claim was time barred. However, the party that arranged for the loading of the truck was to be regarded as a third party, as it was neither the shipper nor the carrier. The court nevertheless accepted that there was a relevant connection with CMR transport and held that the loading of the truck was "functional" - and even "essential" - to transport. Arguably, the one-year time bar applies to claims based on tort by third parties against the carrier. Moreover, it has become common practice for carriers to initiate proceedings in the Netherlands following theft during CMR transport. The carrier seeks a declaratory judgment that the carrier is not liable, or in any case that liability is limited under the convention. By doing so, the carrier s eeks to prevent the cargo owner from filing a claim in another jurisdiction, which may not be as favourable to carriers as the Dutch courts. The carrier then relies on Article 31(2) of the convention ( lis pendens). Several decisions of Dutch courts confirm that the one-year limitation period applies to such claims.

Upload: lubomir-antal

Post on 09-Apr-2018

217 views

Category:

Documents

0 download

Report

Download

Embed Size (px):

TRANSCRIPT

Page 1: What is the Scope of Article Cmr Convention

8/8/2019 What is the Scope of Article Cmr Convention

http://slidepdf.com/reader/full/what-is-the-scope-of-article-cmr-convention 1/2

Page 2: What is the Scope of Article Cmr Convention

8/8/2019 What is the Scope of Article Cmr Convention

http://slidepdf.com/reader/full/what-is-the-scope-of-article-cmr-convention 2/2

Comment

The one-year limitation period remains applicable. A carrier cannot rely on a claim of

wilful misconduct by the cargo owners, which would mean that the three-year

limitation period applied under Article 29 of the convention.

For further information on this topic please contact Jos van der Meché at AKDPrinsen Van Wijmen by telephone (+31 10 272 53 00) or by fax (+31 10 272 54 00)

or by email ( [email protected]).

Endnotes

(1) Dutch Supreme Court, February 11 2000.

105 CMR 130 - Mass.Gov · 2017-09-11 · 105 CMR 130.000 sets forth standards for the maintenance and operation of hospitals. 130.010: Scope. ... requires the use of a heart-lung

105 CMR 720.000: DRUG FORMULARY … CMR 720.000: DRUG FORMULARY COMMISSION LIST OF INTERCHANGEABLE DRUG PRODUCTS Section 720.001: Purpose 720.002: Citation 720.010: Scope and Application

Convention par route (cmr)

CONSTITUTIONAL AMENDMENT · 2019. 2. 28. · The constitutional convention a) Calling the convention b) Scope of convention powers c) Preparatory research ... Referral of commission

1.01: Scope, Purpose and Authority and Purpose Authority ... · 1 1.01: Scope, Purpose and Authority and Purpose (1) (1) Purpose.Authority: 603 CMR 1.00 is promulgated under the authority

The CMR Convention Kabul, 24 August 2015 Nazife Bulut, Legal adviser - Insurance

Lex Mercatoria: - Convention on the Contract for the ... · Contents Contents Convention on the Contract for the International Carriage of Goods by Road (CMR) (1978 - the CMR Convention

La place des intermédiaires dans la Convention CMR

Lex Mercatoria: - Convention on the Contract for the International Carriage of Goods ... · Convention on the Contract for the International Carriage of Goods by Road (CMR) - (Geneva,