Fiche - Jurisprudence CMR

Numéro de la fiche : 41938

Pays : France

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

Date de la décision : 13/12/2016

Objet :
Transport of sensitive goods (cosmetics) - Successive thefts
1) Validity of the transport contract (yes) - Nullity (no) - Vice consent (no) - Lack of information on the nature and value of the goods - Awareness of the recipient - Obligation to obtain information from the donor order
2) Applicable legal regime - Standard contract (no) - CMR (yes)
3) Heavy fault on the part of the transporter (yes) - Lack of precautionary measures - Trailer left unattended, at night, on the side of a secondary road - Remaining goods unloaded near the place of the first theft

Sommaire :
1) Failure to comply with the conditions of formation of the transport contract is punishable by nullity.
In this case, the valet had no precise knowledge of the nature and values ​​of the goods which he had to ensure road transport if it is not the mention of the recipient carried at the level of the delivery address. However, given the notoriety of this company, it actually fell to him to obtain precise information on the nature of the goods transported in the event that he considered that other information was necessary for him to carry out the execution of the transport contract entrusted to him. Failing to justify such an approach, the carrier cannot request the nullity of the transport contract due to the lack of information on the nature and value of the goods transported.

2) It is commonly accepted that the parties to an internal transport contract may derogate from the provisions of standard contracts which have only supplementary value and choose, in compliance with the principle of contractual freedom and within the limit of public order, to subject the transport which concerns them to the international road transport regime. In this case, the possession by the carrier, from the start of transport, of CMR waybills concluded between the agent and the sender clearly establishes that the CMR convention governs the contractual relations between the parties, by mutual agreement between they.

3) The provisions which, in view of the circumstances of the thefts which have occurred, do not appear to have been taken by the valet to guarantee the material security of the transport correspond in fact to elementary precautions which must necessarily be put in place whatever the nature of the merchandise. Leaving overnight a trailer loaded with goods unattended, on the side of a secondary road, even when busy and lit, then the following night, the remaining goods unloaded in a warehouse located near the place of the first theft and in addition deprived of a reinforced safety device, constitutes a serious fault.

Référence :
Versailles Court of Appeal
December 13, 2016
RG n° 16/07240
Gan Assurance / . et a.

IDIT n°24462
Bulletin des Transports et de la Logistique n° 3630 du 6 février 2017 p.75

On dismissal cassation of October 13, 2015, n ° 13-26272 and 13-26935

Observation :

Auteur :