Law No 2107/1992 ratified the Hague-Visby Rules and therefore they are an integral part of Greek domestic law. These rules apply in Greece from 26 June 1993: (a) for all maritime transport operations carried out by means of a bill of lading where the ports of loading and discharge are to in different States; and (b) to maritime transport between Greek ports whether covered by a bill of lading or not.
Art 3.6 of the Hague-Visby Rules provides that '[i]n any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered'. Article 3.6 bis, inserted by the Visby Protocol, provides that '[a]n action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the Court seized of the case. However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself'. It follows from the combination of all the foregoing that the stand-alone right of recourse established by art 3.6 bis of the Hague-Visby Rules applies only to the claims of the maritime carrier against a third party such as the actual carrier, or other auxiliary in carrying out maritime transport.
Held: Application of the appellant for the annulment of the decision of the Piraeus Court of Appeal rejected.