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11 September 2021 RAIL TRANSPORT
Vandalism CA Paris, 4 February 2021, n° 18/21300 In accordance with Article 23 of the U-CIM, deliberate damage to vehicles, ...
11 September 2021 AIR TRANSPORT
Flight delay or cancellation Cass. 1st Civ., 17 February 2021, n° 19-21.362 In the event of a significant delay or ...
11 September 2021 SHIPPING
the Bill of Lading and booking note Booking note = document materializing the maritime transport contract in the same way ...
11 September 2021 NATIONAL ROAD TRANSPORT
The nature of the contract of carriage Tripartite nature of the contract of carriage …even if the consignee buys on ...
11 September 2021 INTERNATIONAL ROAD TRANSPORT (” CMR “)
Obligation to care for the goods in all circumstances CA Rennes, 26 January 2021, n° 18/01800 In accordance with the ...
11 September 2021 TRANSPORT COMMISSION
Application over time of Article L. 133-8 of the Commercial Code Cass. com., January 20, 2021, n° 19-15.692 Article L. ...
11 September 2021 AIR TRANSPORT
Right of air passenger to be compensated in their national currency CJEU, 3 September 2020, Aff. Case C-356/19 The European ...
11 September 2021 SHIPPING
Handling Responsibility of the owner CA Aix-en-Provence, 8 October 2020, n° 17/15404 The Court held that the contractor may refuse ...
11 September 2021 TRANSPORT COMMISSION
Nature of the personal fault of the freight forwarder Cass. com., 21 October 2020, n° 18-15.165 In this judgment, the ...
11 September 2021 INTERNATIONAL ROAD TRANSPORT (” CMR “)
Prescription in CMR CA Paris, 8 October 2020, n° 18/16947 The Court of Appeal recalls that under the CMR Convention, ...
11 September 2021 NATIONAL ROAD TRANSPORT
Suppletive nature of standard contracts Reminder of the suppletive nature of the model contracts resulting from the decrees Cass. Com., ...
25 March 2021 THE INEXCUSABLE FAULT OF THE ROAD CARRIER: A NEW REMINDER OF THE RESTRICTIVE CRITERIA
MARCH 2020, APPEAL NO.: 18-14261 “Reply of the Court : Having found that the trailer had been stolen by a ...
25 March 2021 THE INEXCUSABLE FAULT OF THE ROAD CARRIER: ALWAYS DIFFICULT TO ESTABLISH!
Com., September 25, 2019 appeal : 18-12265 The malfunction of the refrigerating system of the truck allegedly unsuitable for the ...
25 March 2021 THEFT OF THE GOODS WITH CUNNING AND STRATAGEM CONSTITUTES FOR THE CARRIER A CASE OF FORCE MAJEURE
Court of Cassation, Commercial Chamber, 30 January 2019, 17-16604. In the case of a contract of carriage, case law has ...
25 March 2021 INEXCUSABLE FAULT IN TRANSPORT LAW: HIS QUALIFICATION REMAINS EXCEPTIONAL UNDER THE STRICT CONTROL OF MOTIVATION EXERCISED BY THE COURT OF CASSATION
Cour de cassation, chambre commerciale, 13 February 2019, appeal number: 17-28550 Recklessness (the most difficult element to demonstrate) can be ...
25 March 2021 DAMAGE TO THE GOODS WHILE PASSING UNDER A BRIDGE DOES NOT CONSTITUTE AN INEXCUSABLE FAULT FOR A CARRIER
Cour de cassation, chambre commerciale, 11 April 2018, appeal number: 17-12975 In order to “defraud” the liability of the carrier, ...
25 March 2021 AIR ACCIDENT: THE SCOPE OF THE JURISPRUDENTIAL DEFINITION OF THE CONCEPT
Case C‑532/18 (pending case) The Montreal Convention enshrines a true objective responsibility of the air passenger carrier. This Article 17 ...
25 March 2021 AIR CARRIER EXEMPTION: The gasoline spill resulting in the closure of a runway is an “extraordinary circumstance” exonerating the carrier from its liability to passengers
Case C‑159/18 (Mr Moens v Ryanair), 29 June 2019 “Article 5 (3) of Regulation (EC) no 261/2004 of the European ...
25 March 2021 LOSS OF WAGES IS NOW COMPENSABLE BY AIR CARRIERS: CJEU, 29 JULY 2019 (aff. Case C-354/18)
European Regulation No. 261/2004 regulates the liability of air carriers in the event of flight disruptions. This European text contains ...
25 March 2021 THE SLIP OF AN AIRCRAFT THAT HITS A TRACTOR AT A STOP IS A TRAFFIC ACCIDENT WITHIN THE MEANING OF THE BADINTER LAW OF JULY 5, 1985
Cass. 2nd civ., 18 Apr. 2019, No. 18-15759 Heavy rain made the tarmac very slippery. The accident was caused by ...
