Fiche - Jurisprudence CMR

Numéro de la fiche : 41879

Pays : France

Thèmes : CMR (Transport routier international) Champ d'application (art. 1)

Date de la décision : 22/01/2019

Objet :
Road transport of goods Marseilles / Mèze - Client of Tunisian nationality - Consignee located in France - General commercial contract with a part of the trip in Tunisia - Direct action of the carrier in payment of the price of the transport - Place of loading and delivery located in France according to the waybill - Law applicable to the direct action in payment - CMR applicable (no) - Applicable French law (yes) - Article L.132-8 of the Commercial Code - Direct action admissible under French law (Yes)

Sommaire :
The CMR Convention governs the conditions of carriage and the liability of the various parties to the contract of carriage. In this case, since the place of taking over the goods and the place where they are to be delivered, being located in a single country, on French territory, it is not therefore a question of international carriage and the provisions of the CMR in accordance with Article 1 relating to the conditions of application shall not apply.

Moreover, these consignment notes are called "national consignment notes" and correspond to the transport prints used in this type of transport.

Référence :
Cour d'appel Montpellier, Chambre 2
22 Janvier 2019
N° 17/03432
SARL B. / SAS DUCOURNAU TRANSPORTS
IDIT n°24782

Bulletin des Transports et de la Logistique - N°3723 - 4 février 2019 - p.59

Observation :
Even though a general commercial contract between shipper and consignee (seller and buyer) may be international in nature, the contract of carriage is independent and meets other legal rules.

Previous case law:
Court of Appeal of Aix-en-Provence of 23 May 2017, having designated this court as the territorial jurisdiction

Confirms the judgment of the Commercial Court of Fréjus of July 7, 2014

Auteur :