The plaintiff is the Portuguese shipping agent of a Swiss shipping company which is engaged in the international transport of goods by sea. In the exercise of its commercial activity and at the request of the defendant, a company dedicated to the importation, exportation, trade and representation of household appliances and other goods, the plaintiff provided services to the defendant, having carried out multiple shipments by sea on the defendant's account from several seaports in the People's Republic of China to the ports of Leixões and Vigo in Portugal. After the arrival and unloading of the defendant's containers, the defendant requested extra time for the goods to remain in the containers that had carried them and that belonged to the plaintiff and incurred expenses related to the demurrage of those containers. In addition, the defendant incurred costs relating to the storage of these containers (and the goods contained therein) in an appropriate place. A dispute arose between the parties as to what was owed.

The court of first instance found for the plaintiff in the amount of EUR 114,252 plus interest, dismissed the defendant's counterclaim and ordered the defendant to pay a fine as a bad faith litigant.

The defendant appealed to the Court of Appeal.

Held: Appeal dismissed and contested judgment maintained.

Contracts for the carriage of goods by sea are governed by the Hague Rules and, alternatively, by the provisions of Decree Law No 352/86, dated 21/10. The rights of the parties include the following: the 'shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnity the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars' (art 3.5); the carrier shall issue a bill of lading indicating receipt of the goods covered by the contract of carriage (art 3.3); the carrier shall exercise due diligence in the seaworthiness of the vessel and cargo care (art 4.1) since it is the obligation of the carrier to receive the goods and deliver them to the consignee.

According to the Brussels Convention, the principal regulatory source for maritime transport contracts, the time frame of the business is between the port of departure and the port of arrival (art 1.e). However, it has been proved that the defendant, after the arrival and unloading of the containers intended for it, required additional time. The supply of containers, which will always result in a rental agreement, may be considered to be incorporated into the maritime transport regime during the strict period of movement of the goods referred to in art 1.e of the Brussels Convention and art 23(1) of Decree Law 352/86. At the end of this period, the consignee of the cargo will incur demurrage. In the present case, it has been shown that the plaintiff informed customers about the cost of demurrage.