In January 2004, Nuovo Pignone SPA (NP), a shipper of goods, claimed damages for cargo damage in the Tribunal of Genoa against Zust Ambrosetti SPA (formerly Geodis Holding Italia SPA - Geodis) as the carrier and operator of the maritime transport, as well as the sub-carrier, Mediterranean Shipping Company (MSC). NP claimed that one of its containers, which was to be carried from the Italian city of Livorno to Australia, was damaged when one of the four hooks of a crane caved in while the container was being transhipped onto another vessel in the African port of Ile de la Réunion on 23 February 2003.

In the Court of first instance, Geodis argued that it was the sub-carrier MSC who was liable for the cargo damage. MSC added the Société de Manutention et de Consignation Maritime SARL (SOMACOM) to the litigation, arguing that it was the effective operator of the container's movement. The Court of first instance ruled in favour of NP against Geodis in the amount of EUR 361.254,88, but rejected NP's claim against MSC, nonetheless requiring MSC to provide an indemnity in the same amount. The Court also reopened the fact-finding phase of the proceedings regarding the relationship between MSC and SOMACOM. This decision was appealed by MSC, invoking lack of liability by virtue of the reservations contained in the relevant bill of lading. NP and Geodis also appealed. The Genoa Court of Appeal partially accepted the appeal, reducing the compensation that Geodis had to pay to NP, and the indemnity amount due by MSC to Geodis, to EUR 298,812.12, but increasing the loss of profit estimate up to EUR 410,315.72.

MSC then appealed in cassation to the Supreme Court of Cassation against the decision of the Court of Appeal. MSC argued that the appellate decision should be annulled for, among other things, a violation of the provisions of art 4.5.a of the Brussels International Convention of 1924 (the Hague Rules), as amended by the Protocols of 1968 and 1979 (the Hague-Visby Rules with SDR Protocol), given domestic effect in Italy by virtue of L 1084/1977.

In March 2018, MSC presented a waiver of its appeal in cassation, and notified the other parties to the dispute.

Held: The Court declares the extinction of the appeal in cassation because of the waiver presented by MSC.