According to the judgment under appeal (Paris Court of Appeal, 25 April 2013), delivered on referral after cassation, bags of flour were loaded in Antwerp, Belgium, on the Windsong for Afri Belg Ind Corp under two bills of lading. On arrival at the port of Luanda, Angola, the cargo was found to be damaged because of flooding in the cargo hold. The insurers of the cargo, subrogated in the cargo owner's rights for having indemnified the loss, sued the master of the vessel for compensation for loss and damage, in his capacity as representative of the shipowner and operator of the vessel. The judgment held the captain ex officio liable to pay the insurers USD 158,168 and EUR 8,850, on the basis that the fault and negligence constituted a nautical fault.

The appellant argued that the Court of Appeal, while it had held that nautical fault was the exclusive cause of the losses and damages, so that the maritime carrier, to which no personal fault was imputed, was exempt from all liability, could not hold liable the master of the ship on the basis of tort, in his sole capacity as representative of the carrier, since this violated art 4.2.a of the Hague-Visby Rules.

Held: Partial inadmissibility and partial cassation.

Andolina Shipping Ltd has no interest in obtaining the cassation of a decision which exonerated it from any responsibility under art 4.2.a of the Hague-Visby Rules. From this it follows that its appeal is inadmissible.

In respect of the decision of the Court of Appeal, it is struck down and annulled, but only insofar as it orders the master, commanding the vessel Windsong, as a representative of the shipowner and operator of the vessel, to pay the insurers the sums of USD 158,168 and EUR 8,850. The judgment is reversed and remitted to the Rouen Court of Appeal for rehearing.

[For earlier proceedings, see Cour de cassation, civile, Chambre commerciale, 30 mars 2010, N° de pourvoi: 09-11.397 (CMI1255).]