1 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia Jaana Lints Supreme Court of Estonia 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
2 General remarks v v Convention on the Contract for the International Carriage of Goods by Road (CMR) CMR applies: § to contracts for the carriage of goods by road in vehicles for reward and § the place of taking over of the goods and the place designated for delivery, are situated in two different countries § of which at least one is a contracting country 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
3 General remarks v Three points of interaction: § The issue is outside the scope of CMR § CMR refers to the law of Contracting State § The national court uses national law to interpret CMR 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
4 Issues outside the scope of the CMR v v v Withholding of performance (Decision 3 -2 -1 -16512, p 33) Carrier’s right of security on goods (Decision no 32 -1 -165 -12, p 34) Penalty for the late payment of the carriage charge (Decision no 3 -2 -1 -165 -12, p 43) Compensation of costs of the carrier related to maintainance and selling of the goods (Decision no 3 -2 -1 -165 -12, p 44) Liability of the carrier, when the carrier has not taken over the goods for delivery at all (Decision no 3 -2 -1 -3 -09, p 12) 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
5 Reference to national law Article 32 (1) The period of limitation for an action arising out of carriage under this Convention shall be one year. Nevertheless, in the case of wilful misconduct, or such default as in accordance with the law of the court or tribunal seised of the case, is considered as equivalent to wilful misconduct, the period of limitation shall be three years. /…/ 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
6 Reference to national law LOA § 802. Expiry of claims (1) The limitation period for claims arising from carriage provided for in this Division shall be one year. The limitation period for claims for compensation for damage caused intentionally or through gross negligence shall be three years. /…/ 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
7 Interpretation of CMR LOA § 774. Definition of contract for carriage of goods (1) By a contract for the carriage of goods, one person (the carrier) undertakes to carry movables (goods) for another person (the sender) to a destination and to deliver the goods to a third party (the consignee). The sender undertakes to pay a charge therefor (a carriage charge) to the carrier. /…/ 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
8 Decision no 3 -2 -1 -182 -14 14 000 kg 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
9 Decision no 3 -2 -1 -182 -14 90 kg 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
10 Decision no 3 -2 -1 -182 -14 Article 23 1. When, under the provisions of this Convention, a carrier is liable for compensation in respect of total or partial loss of goods, such compensation shall be calculated by reference to the value of the goods at the place and time at which they were accepted for carriage. /…/ 3. Compensation shall not, however, exceed 8. 33 units of account per kilogram of gross weight short. /. . . / 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
11 Decision no 3 -2 -1 -182 -14 Article 25 1. In case of damage, the carrier shall be liable for the amount by which the goods have diminished in value, calculated by reference to the value of the goods fixed in accordance with article 23, paragraphs 1, 2 and 4. 2. The compensation may not, however, exceed: (a) If the whole consignment has been damaged, the amount payable in the case of total loss; (b) If part only of the consignment has been damaged, the amount payable in the case of loss of the part affected. 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
12 Concluding remarks v v CMR as agreement of Contracting States Discretion of the courts applying CMR 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
13 Thank You for Your attention! 17. 03. 2018 Interaction between CMR and Estonian domestic law in the case-law of the Supreme Court of Estonia
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