Five bills of lading were issued at the port of San Pedro (Côte d'Ivoire) on 1 December 2007 for carriage of containers loaded with cocoa beans destined for Amsterdam (Netherlands) on board the ship Marie Delmas. At the entrance to the Bay of Biscay, between 8 and 9 December 2007, the vessel experienced a violent storm. Twenty containers, having broken their stowage points, were declared missing on arrival at the port of destination while 25 others were damaged.

The court below dismissed the cargo claims, after finding that the shipper had placed his signature on each of the bills of lading which stated that 'the goods, whether or not stuffed into containers, may be loaded on deck or below deck without prior notice to the merchant unless it is specially stated on the reverse side of the present document that the container or goods shall be carried below deck. If they are carried on deck, the carrier will not be requested to note, mark or stamp the stipulation on this bill of lading of such carriage on deck' and that on the reverse side of the bills of lading it was also indicated that 'it is further expressly agreed that the carrier may load any goods on deck without notifying the shipper. These goods shall be deemed to be goods loaded in the hold as regards the regime and limitations of liability, as well as with regard to general average.' The court below held that it was thus proved that the shipper was aware of all the clauses of the contract, that he had accepted them and had therefore authorized the loading on deck which was properly effected, and that accordingly the Hague Rules did not apply.

Held: A stipulation in the bill of lading that the carrier may at its option load either the goods or containers on deck or below deck is not sufficient to amount to the declaration required by article 1.c of the Hague Rules which the carrier must make each time cargo or containers are loaded on deck. As a consequence, such a stipulation will not remove the carrier or any carriage on deck from the provisions of the Hague Rules. Article 1.c is to be narrowly construed and the application of the Hague Rules can only be excluded in very limited circumstances. The decision of the court below is therefore quashed and annulled.