Cassation appeal against the contested decision of the Piraeus Court of Appeal. The appellant shipped its mechanical equipment on board the respondent's ship, which sank within two nautical miles of port. As a result of this, the appellant's cargo was lost. The appellant suffered a loss of EUR 181,190.95. The appellant appealed to the Supreme Court.

Held: Application for the cassation of the decision of the Piraeus Court of Appeal rejected. 

Law 2120/1992 gave domestic effect to the Hague-Visby Rules and the SDR Protocol. This Law applied the Convention to: (a) any contract for the carriage of goods by sea in which the ports of loading and discharge are located in different States, provided that such shipment is covered by a bill of lading or other similar document which is a document of title for maritime transport and (b) any sea transport between Greek ports, whether covered by a bill of lading or not. This was done by the legislator by extending the scope of the Convention to domestic maritime transport in accordance with the freedom accorded to it by art 10.3 of the Convention as replaced by art 3 of the Visby Protocol, which states that 'this Article shall not prevent a Contracting State from applying the provisions of this Convention to consignments not included in the preceding paragraphs'. Accordingly, the Hague-Visby Rules now regulate, inter alia, passenger claims against the carrier for compensation for loss, damage or delayed delivery of luggage and consequently the limitation of these claims. Such an interpretation also corresponds to the intention of the original Greek legislator, which was to make the domestic law for all national maritime transport the law of the Hague-Visby Rules. Article 3.6 of the Hague-Visby Rules provides a year-long limitation period for all claims against the carrier and the ship. Article 4 bis, which was added by the Visby Protocol, states that the limitations of liability provided for in this Convention shall apply to any claim against the carrier in respect of loss or damage to goods covered by a contract of carriage whether founded on contractual or non-contractual liability. Furthermore, within the meaning of the above provisions, baggage means items accompanying the passenger and intended for his or her personal use that are packed (in bags, travel bags, suitcases, etc). Lastly, in view of the fact that the Hague-Visby Rules do not mention the liability of the maritime carrier for money, valuables and related valuable items which the passenger carries with him or her, the same provisions apply to them as for other luggage. Article 4.5.e of the Hague-Visby Rules provide that the maritime carrier's right to limit its liability does not exist if it is established that the damage was suffered as a result of an act or omission which was done for the purpose of causing harm or recklessly and knowing that the damage would probably be caused. 

Accordingly, on the correct application of those provisions, the appellant brought its claim more than one year after the relevant time. Accordingly, the appeal must be dismissed.