Compensation for stolen goods should first be calculated by weight.
€4,000.00 in damages instead of €127,000.00 for stolen microprocessors.
During transport, goods with a market value of EUR 127,000.00 were stolen from the semi-trailer in the parking lot. A claim of such value was directed by the aggrieved party to my client, the carrier. After analyzing the case, it turned out that the goods were valuable, but of small weight. In this situation, the amount of compensation should be calculated on the basis of Art. 23 sec. 3 of the CMR Convention, and so multiply the weight of the stolen goods x 8.33 SDRs x the SDR price. Thus, the compensation due amounted to EUR 4,000 and not EUR 127,000 despite its market value. Thus, to the surprise of the injured party, the claim was legally reduced by EUR 123,000.00.
In accordance with the above, the risk of damage or loss of the goods in transport is also borne by the owner of the goods.
Legal adviser Jerzy Klimkowski
Broker recommended by the National Association of Road Transport Employers OZPTD