The Aj Al Ad arrived in Dakar from Bangkok carrying a shipment of broken white rice intended for the Equalisation and Stabilisation Fund. After the unloading operations, various shortcomings, losses, damage and depreciations were found, which were evaluated at XOF 11,535,637. The Regional Court of Dakar, seized by the CSAR, the insurer of the aforementioned Fund, of an action in payment, dismissed all of its claims by judgment of 4 May 1991. The Dakar Court of Appeal confirmed the judgment. CSAR appealed in cassation.

Held: CSAR's appeal against judgment no 28 rendered on 21 January 1993 by the Dakar Court of Appeal is dismissed.

The plea alleging violation of the law is that the Court of Appeal applied the provisions of arts 314 and 315 of the Merchant Marine Code to an international transport of goods which calls for the application of the Brussels Convention of 1924 (the Hague Rules). But the application of the provisions of the Brussels Convention to the dispute, in particular art 3 of the Convention, which are identical to those enacted by arts 314 and 315 of the Merchant Marine Code relating to the obligations of the maritime carrier, is not likely to have an influence on the solution of the dispute. It follows that this ground of appeal is inoperative.