This case concerned frozen crab pieces that were detained by veterinary services and customs authorities of the Port of Livorno, due to a break in the chill-chain. The notify party and its insurer sued the carrier.
Held: The Court of Appeal considered that the lack of notice of loss or damage cannot be evidence of the delivery by the carrier of the goods as described in the bill of lading. There were two reasons for this: the goods were not delivered to the notify party; and their forfeiture by Italian authorities made the notice or an expert report unnecessary. The Court of Appeal also considered that intervention by veterinary services was not an exception listed in art 4 of the Hague-Visby Rules (in particular, it did not constitute a restraint of princes). Moreover, the carrier did not prove that this intervention caused the damage. Thus, the carrier was liable for damage caused to the frozen crab pieces.