This was an appeal in cassation against the judgment of the Paris Court of Appeal, 4 December 1987. Trois Dimensions (TD) entrusted Sotrade, a freight forwarder, with the delivery of exhibition equipment to Damascus (Syria). It was agreed that the equipment had to be delivered by 16 August 1983 at the latest. Owing to the delay of the Illia, delivery could not take place until after that date. TD sued Sotrade in compensation for the damage it had suffered from the fact that it could not have the exhibition equipment delivered in good time. The Court of Appeal held in TD's favour, but allowed Sotrade to limit its liability.

TD criticised the judgment of having limited Sotrade's liability due to the fault of the maritime carrier to the equivalent in French francs of 100 pounds sterling. TD argued that it follows from art 4.5 of the Hague Rules that the maritime carrier can only invoke limitation of its liability for the losses and damage suffered by the goods or for the damage resulting therefrom, to the exclusion of commercial damage resulting from delay alone.

Held: Appeal dismissed.

The Court of Appeal was right to hold that, on an application of art 4.5 of the Hague Rules, the liability of the maritime carrier because of a delay in delivery of the goods was limited according to the modalities provided for in that article, since this provision covers not only 'any loss or damage to ... goods', but also 'any loss or damage ... in connexion with goods'.