Sheet - Jurisprudence CMR

Sheet Number: 42236

Country: Germany

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

CMR (Transport routier international)
    Responsabilité du transporteur Preuve du cas d'exonération (art. 18) Transport sous température dirigée - Prise des mesures lui incombant (art. 18§4)

Date of the decision: 12/03/2020

Object:
CMR art.8.1 - CMR art.18.4 - Refrigeration trailer - Precooling of the goods as external condition on taking over the goods - Appropriate means of transport - Functional suitability of the refrigeration unit

Abstract:
In cas of transport of medecines wich must be transported by a refrigerated trailer, the pre-cooling of the goods must be regarded as their external condition upon taking over the goods in accordance with article 8.1 CMR. In doing so, the carrier must not only provide a suitable means of transport, but must also monitor the operation of the regrigeration system with due care during transport, as required for the traffic, and perform a check du time, thereby using all the control options at his disposal.
The use of a refrigerated trailer as a vehicle designed to abstract goods from the influence of heat leads to the carrier bearing the burden of proof of insufficient pre-cooling in accordance with art.18.4 CMR.

Reference:
Oberlandesgericht Zweibrücken
March 12 2019
5 U 63/18
IDIT n°42236

European Transport Law Vol LIV n°4 - 2019 p.449

Observation:

Author: