• Reference
  • 24 January 2012

Bech-Bruun Law Firm successful in a case before the Danish Supreme Court

Bech-Bruun has assisted the insurance company If Skadeforsikring and succeeded in its claim before the Supreme Court in a case of general public importance against DHL Global Forwarding (Denmark) A/S.

The case pertained to the construction of the so-called network clause of s. 23 of the General Conditions of the Nordic Association of Freight Forwarders NSAB 2000 in connection with a combined transport of wind turbine elements from Denmark to Canada in which case the loss of a container could be located to the road transport in Canada.

The Supreme Court held that contracts of carriage entered into with sub-carriers could not be relied upon towards the consignor (Vestas) irrespective of the fact that the sub-contracts of carriage were sent to Vestas and consequently held on the basis of a construction of s. 23 of NSAB 2000 that Canadian law and terms and conditions of carriage commonly existing/recognised in Canada could not lead to DHL succeeding in its claim that liability was limited.

 

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