Fiche - Jurisprudence CMR

Numéro de la fiche : 41883

Pays : France

Thèmes : CMR (Transport routier international) Prise en charge de la marchandise (art. 8)

CMR (Transport routier international)
    Responsabilité du transporteur Limitation de responsabilité du transporteur (art. 23) Calcul (art. 23)

Date de la décision : 10/09/2019

Objet :
1) Consignee's title to bring action

2) Carrier's liability (yes) - CMR Article 8 - No reservations - Presumption of assumption of goodwill

3) Compensation - Article 23 CMR - Value of the goods at the place and time of taking over - Deduction of the amount of the sale in salvage - Determination of compensation - local market quotation on the date and place of coverage

Sommaire :
1) Even if it does not appear on the consignment note as the sender or as the original consignee, the actual consignee of the goods and the buyer thereof, is nevertheless entitled to act in liability against the carrier, under the contract of carriage in question.

2) The carrier who has not made reservations is presumed to have taken over a compliant good. It does not establish that it has taken the measures incumbent on it with regard to the use of the refrigeration unit, nor has it complied with the instruction given to it, of a temperature-controlled transport of + 2 ° C. He is therefore responsible for the damage noted during unloading.

3) Article 23 of the CMR provides that the compensation for the total or partial loss of the goods must be calculated on the basis of the value of the goods at the place and time of taking over. In the present case, the compensation must then be quantified, after deducting the amount of the salvage sale of the goods, to the sum of 59081.39 euros.

In the absence of a stock exchange listing, the method recommended by Article 23§3 is to secondly search for the current price on the market. This case concerned a transport of raspberries. The value of the goods was determined in accordance with the product quotation records established by an expert on the date of the takeover according to the quotations on the local market closest to the place of departure, thus excluding the taking into account of a loss. margin.

Référence :
Cour d’Appel de Montpellier
10 septembre 2019
RG n° 16/08091
SARL Chaib Transport et a. / SAS Etablissement Sofruce
IDIT n° 24851

Bulletin des Transports et de la Logistique n° 3752 du 23 septembre 2019 p.528

Observation :

Auteur :