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‹ RetourRoad tranport: flight
le 10/07/2014
The motor carrier during transport between France and Italy, the subject of a mugging is not entitled to be relieved of liability on the basis of Article 17-1 and 17-2 of the Geneva Convention of 19 May 1956, known as CMR, since this flight was not inevitable.
Must be quashed the decision to hold that the existence of a force majeure notes that the driver had parked his vehicle near a gas station and other vehicles and could not park in a guarded area except to consider a very consistent look. Indeed, since the driver could stop kept on respecting the rules of conduct, but only to disrupt the operation of the business areas, that fact alone was unfit to make the inevitable event.
Cass. com., July 5, 2005