Press & Publications
The Dutch Supreme Court has just handed down a judgment dealing with the limitation of carriers' liability under art. 23 CMR and a breakthrough of limitation as per art. 29 CMR (and the equivalent under Dutch law art. 8:1108 Dutch Civil Code).
It regularly occurs that a road carrier is unable to deliver the goods. This may be due to an actual impossibility to unload the goods or due to a rejection of the goods by the addressee.
There is no universal bankruptcy legislation applicable to assets of the bankrupt company located in other jurisdictions.
The Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (“PAL”) entered into force on 28 April 1987.
One of the best known exclusions of cover of a liability-insurance is damage resulting from willful misconduct. It is no surprise that damages made on purpose by the insured are not covered. Not only because this would conflict with the values of society but it also would intervene with what insurance stands for: cover for uncertain damages on uncertain times.
On 1st December 2011 the European Court of Justice ("ECJ") handed down an important decision pertaining to the entry into the European Community and the export and re-export from the Community of goods infringing certain intellectual property rights ("IP-rights"). The judgment of the ECJ was in joint cases (Philips Electronics N.V. v Lucheng Meijing Industrial Company Ltd et al and Nokia Corporation v Her Majesty's Commissioners of Revenue and Customs), where references for a preliminary ruling were made from the Court of First Instance at Antwerp (Belgium) and from the Court of Appeal (England and Wales) (civil division).
Recently the Court of Appeal of Leeuwarden (the Netherlands) handed down a judgment interpreting Articles 2 and 3 of the 1952 Convention Relating to the Arrest of Sea-going Ships (hereinafter “Arrest Convention”).1 The Arrest Convention applies to any vessel flying the flag of a Contracting State (Article 2 and Article 8(1)).
European Union’s present system as embodied in the CCS Directive opens the door for governments to make claims against former operators indefinitely