The court dismissed the shipper's claim in its entirety for over €22,000 against the carrier we represented. 💪
The case concerned the transport of galvanized gutters. During unloading, the goods were found to be partially discolored, and the recipient refused to accept them. The owner of the goods claimed that the damage was caused by a leak in the trailer and the cargo becoming wet, which led to premature patination of the gutters.
However, during the investigation, we determined that the real cause lay elsewhere: the goods were improperly packaged before transport. The gutters were secured in bulk plastic packaging and stacked, which restricted the circulation of humid air and led to a chemical reaction causing discoloration.
Pursuant to Article 17 of the CMR Convention, the carrier shall not be liable for damage resulting from, among other things:
▪️ missing or defective packaging of the goods,
▪️ natural properties of the goods that may lead to their damage.
Once again, we show that in transport, what counts are facts, experience and effective defense of carriers' interests.

Legal adviser Jerzy Klimkowski
Galicja Brokers – a broker recommended by professionals.