SAS Transit Fruits was entrusted with the organisation of a shipment of 24 reefer containers, including 22 containers loaded with corn cobs at a controlled temperature of +1°C, from Senegal to the UK, the maritime leg of the transport being carried out on the Mimmi Shulte. On arrival, damage was noted. The appellant insurers compensated the insured shipper, and then summoned SAS Transit fruits to the Marseille Commercial Court to reimburse EUR 53,000. The Court ordered SAS Transit Fruits to pay 4,963.76 SDRs.

The insurers appealed.

Held: Appeal allowed in respect of quantum.

SAS Transit Fruits maintains that only the original Brussels Convention (the Hague Rules) is applicable, the amended Convention (the Hague-Visby Rules) not being applicable since only the recipient country has ratified it. It also claims that the Hamburg Rules are not applicable either, since France is not a party to them. On the quantum, it maintains that the package limitation must apply since the goods were packed in bulk and the bill of lading provides, per container, for 'one batch of sweet corn'. The appellant insurers argue that the provisions of the Commercial Code relating to freight forwarders are applicable, since the Brussels Convention is only intended to govern maritime transport.

On the facts, SAS Transit Fruits acted as a freight forwarder. The rules governing the liability of a freight forwarder are set out in arts L 132-1ff of the French Commercial Code. The original or amended Brussels Convention as well as the Hamburg Rules, exclusively applicable to the maritime carrier, are therefore inoperative in this case. SAS Transit Fruits does not claim any limitation of liability, and must therefore be held fully liable for the damage suffered by the goods as assessed by the expert report.

The judgment below is therefore overturned in that it ordered Transit Fruits SAS to pay the insurers the equivalent in EUR of 4,963.76 SDRs. SAS Transit Fruits is ordered to pay the insurers the sum of EUR 53,000 with interest.