This was an appeal in cassation against the judgment of the Paris Court of Appeal, 26 November 2008. This case involved a cargo of flour loaded in Antwerp (Belgium) bound for Luanda (Angola) on the Windsong under two bills of lading designating Afri Belg Ind Corp (Afri Belg) as the consignee. Afri Belg sued the master of the vessel and Andolina Shipping Ltd for damage to the cargo. Afri Belg's insurers, having indemnified it, intervened in the proceedings. The Court of Appeal rejected Afri Belg's claim.

Afri Belg and its insurers appealed, arguing that the fault of a crew member in not closing a watertight door as part of a maintenance operation does not constitute a nautical fault. In deciding otherwise, and in refraining from investigating whether the crew member's fault was of a nautical or commercial nature, the Court of Appeal violated art 4 of the Hague Rules. The nautical nature of the relevant operation does not necessarily entail a nautical fault. Nautical fault supposes in particular an effective attack on the safety of the ship and not only on the transported goods. By finding a nautical fault on the part of the carrier without having noted whether it had a real effect on the ship and not only on the goods, the Court of Appeal deprived its decision of a legal basis with regard to art 4 of the Hague Rules.

Held: Partial cassation.

The judgment notes that the clear and precise technical findings and deductions of the forensic expert report designate the non-closing of a watertight door by the crew member as the cause of the incident. This breach of the ship's safety rules while sailing for 36 hours in heavy weather, being subjected to strong winds and waves of 10-12 m high, constitutes an event affecting navigation and directly affecting the safety of the ship. Neither the seaworthiness of the ship, nor the sealing of its hatch covers was in question. The Court of Appeal was thus able to deduce the existence of a nautical fault exonerating the carrier from its liability on an application of art 4.2.a of the Hague Rules.

Partial cassation on other grounds.

[For later proceedings, see Cour de cassation, civile, Chambre commerciale, 17 février 2015, N° 13-25.662 (CMI1197).]