This was an appeal in cassation against the judgment of the Montpellier Court of Appeal, 18 July 1990. Vitaflor loaded a cargo of flour at Port-la-Nouvelle (France) bound for Nouakchott (Mauritania) on the Houtmangracht, operated by Suomi Line. During the unloading of the cargo at Nouakchott, while the sea was heavy, some of the bags fell into the sea and others were torn and lost part of their contents. Mohamed O/Ahmed Establishments and eight other consignees sued the master of the ship and Suomi Line (the maritime carrier) in joint and several compensation for the damage suffered. The Court of Appeal upheld the claims, ruling that if the unloading took place in heavy seas, the swell in the roadstead could constitute a case of force majeure only if it was unpredictable and insurmountable.

Held: Cassation.

It follows from art 4.2.c of the Hague Rules that neither the maritime carrier nor the master of the vessel is liable for loss or damage resulting from or resulting from perils, dangers or accidents of the sea. The exemption of responsibility thus envisaged is not subordinated to the proof that these circumstances have the insurmountable and unforeseeable character of force majeure. By ruling thus, the Court of Appeal violated the art 4.2.c of the Hague Rules.

For these reasons, the judgment under appeal is struck down and annulled in its entirety. The case and the parties are returned to the position they were in before the judgment, and the case is referred to the Aix-en-Provence Court of Appeal to be decided correctly.