Carriage of goods in the EU

1. Carriage of goods in the EU

2. Legislation • Carriage of goods by road • CMR-convention (International Carriage of Goods by Road, 1956) • Carriage of goods by rail • COTIF/CIM convention (Convention on the Contract for the Carriage of goods by rail • Carriage of goods by sea • The HagueVisbye rules • Carriage of goods by air • The Montreal convention/the Warsaw convention

3. The liability model in the conventions • Carrier’s liability • Mandatory liability regimes • Basis of liability: ”fairly” strict • Limitations of liability • As to quantification of damages • As to time • Overlapping liability regimes: The conventions take priority

4. The CMR • Scope of application (art. 1) • ”Every contract for the carriage of goods by road” (ie not a ”status approach”) • Non exhaustive regulation • Parties to the contract • Carrier and sender (consignor)

5. The liability of the carrier (art.17) • GR (para1): ”The carrier shall be liable for the total loss of the goods and for damage thereto occuring between the time when he takes over the goods and the time of delivery, as well as for any delay” • Exonerations (para 2) • Wrongful act or neglect of the claimant • Instructions of the claimant • Inherent vice • ”Circumstances which the carrier could not avoid and the consequences of which he was unable to prevent” • Other exonerations (para 4)

6. Calculations of damages (art. 23) • The value of the goods (para 1) • Cap (para 3) (”Frank”/SDR/about 12 dollars per kilo) • Extra charges (para 4) • Breaking the limitation: gross negligence (art. 29) • Time bar (art. 32) • One year • Three years (gross negligence)

7. Overlapping liability regimes (art. 28) • Tort law and/or contract law cannot be applied to avoid the exclusions or limitations of carrier’s liability if the convention is applicable • Problem: Scope of application of the convention

8. The liability of the subcarrier • Carriage performed by successive carriers (art. 34) • ”If carriage governed by a single contract is performed by successive road carriers, each of them shall be responsible for the performance of the whole operation, the second carrier and each succeeding carrier becoming a party to the contract of carriage, under the terms of the consignment note, by reason of his acceptance of the goods and the consignment note”

9. Multimodal transports • At the moment, no convention regulating this type of transport as a specific type of transport • Question: Do the existing conventions apply? • Quantum Corp. Inc. and others v. Plane Trucking Ltd. and another (2002) ECWA Civ 350