TRINITI JUREX partner and lawyer Artūras Vaišvila and his team successfully defended the client’s interests in a case where he was accused of damaging a cargo of high-value cheese produced in Italy during an international freight transport. In this case, it was proved that short-term slight temperature deviations, which occurred just before the unloading of the cargo, did not in themselves cause damage to the cargo and could only have had an impact on the appearance of the cargo.
This case and the issues raised in it reaffirm the need for carriers and shippers to properly and clearly discuss and record all the conditions relating to the carriage. For example, clearly stating the prohibition of transhipment, the conditions agreed not only in the contract but also in the CMR consignment note as to the temperature at which the goods must be transported. It also reaffirms the importance of the proper completion of the CMR consignment note and the inspection of the goods at the time of their acceptance and of the inclusion of appropriate comments on the condition of the goods to be handed over to the consignee in the CMR consignment note at the time of the acceptance and handover of the goods.
