Actualités
‹ RetourGoods returned by another carrier and prescription
le 10/07/2014
The starting point of the action against the land carrier is it the day of the return of damaged goods to the sender if another carrier who performed the carriage return?
The goods were damaged during transport were refused by the recipient and returned to the sender.
When does the limitation period anal action against liability against the carrier and against the commission?
Against the commission, typically, the annal short time after the return of the goods to the sender.
By cons, against the transport, it does not hold true when the return journey was not made by the same carrier as the one who had delivered the goods to the consignee, the applicable starting point for the action against the former was so well that the day of delivery to the consignee.
The prescription may be acquired but not against one against the other.
CA Lyon, 3rd c. civ., June 4, 2009
When does the limitation period anal action against liability against the carrier and against the commission?
Against the commission, typically, the annal short time after the return of the goods to the sender.
By cons, against the transport, it does not hold true when the return journey was not made by the same carrier as the one who had delivered the goods to the consignee, the applicable starting point for the action against the former was so well that the day of delivery to the consignee.
The prescription may be acquired but not against one against the other.
CA Lyon, 3rd c. civ., June 4, 2009