Obligation to care for the goods in all circumstances
CA Rennes, 26 January 2021, n° 18/01800
In accordance with the CMR, the carrier may be held liable if it does not demonstrate that it has taken all the necessary measures with regard to the selection, maintenance and use of refrigeration equipment and that it has complied with the special instructions given to it.
Inexcusable misconduct
CA Aix-en-Provence, March 11, 2021, n°17/14751
The inexcusable fault of the valet is characterized by the fact that he knew the sensitive nature of the goods entrusted and that he parked his vehicle at night, on the public road, in an unsecured place, without locking or sealing the doors.
Damage to the carrier’s vehicle is not subject to CMR
CA Bourges, 4 February 2021, n° 20/00090
Compensation for damage to the carrier’s vehicle does not fall within the scope of the CMR. The applicable law must be determined in accordance with Article 5 (1) of Regulation (EC) No 593/2008 governing the law applicable to contractual obligations (Rome I).
Direct action … of the carrier against the claimant ?
CA Dijon, 28 January 2021, n° 18/01771
CMR does not provide for direct action by the carrier against the consignor or consignee. The direct action provided for in Article L 132-8 of the Commercial Code must be examined in the light of the Rome I regulation depending on whether the parties have determined the law applicable to their contractual obligations or not.
Fire: no exemption in case of truck defect
CA Paris, 25 March 2021, n° 18/21681
The fire of a trailer following the locking of an axle as a result of a bearing defect does not constitute a case of force majeure, such as to exempt the carrier from its responsibility.
Fire: no exemption in the absence of proof of proper maintenance of the vehicle
CA Paris, 25 March 2021, n° 18/20479
The carrier is not liable for loss, damage or delay caused by circumstances that the carrier could not avoid (“relaxed” force majeure within the meaning of the CMR). In the event of a fire resulting from the locking of an axle as a result of a bearing defect, the carrier is liable if it does not demonstrate that it has done everything possible to avoid this vehicle defect (proper maintenance of the vehicle or by using or driving the truck more carefully).
Suspension of the CMR prescription
CA Lyon, 6 May 2021, n° 19/00930
The one-year limitation period provided for in Article 32 of the CMR is suspended on condition that the freight forwarder justifies the receipt of the written claim to the carrier. In principle, the CMR does not govern the transport commission.