Numéro de la fiche : 42834
Pays : France
Thèmes : CMR (Transport routier international)
Responsabilité du transporteur
Cas d'exonération (art. 17 et 18)
Circonstances que le transporteur ne pouvait éviter (art. 17§2)
Date de la décision : 10/05/2022
Transport of frozen chicken fillets from Romania and France (Brittany) – Altercation – Carrier taken to task by local farmers – Cargo sprayed with diesel fuel – Goods refused by the recipient – Liability of the carrier (no) – Article 17-2 of the CMR – Circumstances that the carrier could not avoid – Circumstances of the incident – Compulsory crossing of Brittany – Absence of motorway – Shipper aware of the situation – Degradations reserved for foreign carriers - Opposition of the driver impossible
Under the provisions of article 17-2 of the CMR, to which the disputed transport was subject, the carrier is released from liability if the loss was caused by circumstances which the carrier could not avoid and the consequences of which could not avoid.
The carrier had to cross Brittany, where various road blocking operations were carried out, blocking the entrances of companies receiving meat from abroad, "checking" the contents of the trucks found in rest areas. Whether it was driving or at rest, the truck driver had no means to oppose it. Thus the loss of the goods had been caused by circumstances which the carrier could not avoid and the consequences of which he could not obviate.
Cour d'appel, Rennes,
10 Mai 2022
RG n° 19/01774
SAS Sonevol / FM Plska et a.
Bulletin des Transports et de la Logistique n°3880 du 23 mai 2022 p.314