Medialfa Corp (the plaintiff) claimed for damage to a MRI scanning machine carried in an open-top container from Genoa, Italy, to Colon Free Trade Zone, Panama, in multimodal transport. The plaintiff named Connexion Zona Libre SA as the consignee in the bill of lading. This company hired Manzanillo International Terminal-Container Freight Services SA (Manzanillo), for warehousing and logistics operations services. On 15 June 2012, the MV Zim Qingdao, operated by the defendant, Zim Integrated Shipping Services (Zim), arrived at the port of Cristobal and discharged the container. The container left the port in good condition on 16 June 2012, according to the seals of the port authorities. On 19 June 2012, during handling operations at the customs area of the Colon Free Trade Zone the container fell down, causing damage to the MRI machine. The handling operations were co-ordinated by Manzanillo, which, in turn, hired Cia Logistica y Carga SA for that purpose. The applicable law established in the bill of lading was the Hague-Visby Rules.
Zim argued that the claim was time-barred as its responsibilities ended on 15 June 2012 when it delivered the container. As the lawsuit was filed on 17 June 2013, it was outside the one-year time limitation period set out in art 3.6 of the Hague-Visby Rules. The First Maritime Court stated that, although a multimodal transport implies that the carrier must deliver the cargo at the final destination indicated in the bill of lading, in this particular case, according to the terms and conditions expressed in letters exchanged between the parties on 14 and 15 June 2012 and the seals of the port authorities, the effective delivery was performed by Zim on 16 June 2012 when the container left the port. Therefore, the Court declared the claim time-barred. The plaintiff appealed the decision.
Held: The Maritime Court of Appeals affirmed the decision without adding additional reasons.