Mr Jos Van der Meché

Jos Van der Meché

Updates

Litigation

Volume guarantees under transport and logistics contracts
Netherlands | 02 April 2019

A recent Utrecht District Court decision sends a strong reminder to parties in the transport and logistics industry that they must be precise and clear about what they are agreeing to in dealings with their trading partners. While the less formal requirements for concluding an agreement under Dutch law seem to benefit the transport industry, this decision shows that there are pitfalls to be considered.

Shipping & Transport

Volume guarantees under transport and logistics contracts
Netherlands | 27 March 2019

A recent Utrecht District Court decision sends a strong reminder to parties in the transport and logistics industry that they must be precise and clear about what they are agreeing to in dealings with their trading partners. While the less formal requirements for concluding an agreement under Dutch law seem to benefit the transport industry, this decision shows that there are pitfalls to be considered.

CMR carrier held liable for breach of additional contractual obligation
Netherlands | 16 March 2016

The Supreme Court recently held that a carrier operating under a contract that incorporates the Convention on the Contract for the International Carriage of Goods by Road (CMR) can be liable to its contractual counterparty, even if the carrier has delivered the goods in sound condition and on time. This is the first time that the Supreme Court has held a CMR carrier liable for breach of an additional contractual obligation.

ECJ ruling supports forum shopping to limit liability under CMR
Netherlands | 15 January 2014

In a recent landmark decision the European Court of Justice in Luxembourg definitively put its weight behind forum shopping as a means of limiting liability under the Convention on the Contract for the International Carriage of Goods by Road in carrier-friendly countries. This is a boon to the Dutch jurisdiction and specifically comes at the expense of the courts in Germany.

Proof of delivery - the CMR consignment note and VAT
Netherlands | 12 December 2012

If a seller cannot prove that goods were delivered to its foreign buyer, it will have to pay the value added tax on the goods. For this reason, many sellers include a clause in Convention on the Contract for the International Carriage of Goods by Road (CMR) contracts stating that the carrier must present a proof of delivery. A recent Supreme Court decision illustrates how a CMR consignment note can provide proof of delivery of cargo.

Liability ends at time of delivery under road carriage contract
Netherlands | 28 March 2012

The Supreme Court has handed down its first ever decision on the issue of when cargo is deemed to be delivered under a contract of carriage in respect of goods transported by road within the Netherlands. The decision provides a clear definition of the term 'delivery' in this context.

E-protocol to CMR enters into force
Netherlands | 15 June 2011

The United Nations Economic Commission for Europe Protocol to the Convention on the Contract for the International Carriage of Goods by Road, to which the Netherlands is a signatory, has now entered into force in the Netherlands and the other four states which have ratified it. The e-protocol is designed to ease international road freight by allowing the use of electronic consignment notes in international road transport.

Scope of one-year time bar under CMR
Netherlands | 16 June 2010

A recent Amsterdam Court of Appeal decision provides a timely reminder of the circumstances under which recovery claims may be deemed to be time barred by the Dutch courts under the Convention on the Contract for the International Carriage of Goods by Road (CMR). This decision makes it clear that recovery claims for damage to goods other than those to be transported under the contract fall under Article 32 of the CMR.

Electronic consignment notes usher in new CMR era
Netherlands | 03 September 2008

On May 28 2008 the Netherlands signed the United Nations Economic Commission for Europe Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR), which is designed to ease international road freight and improve good governance in road transport by allowing the use of electronic consignment notes.

What Is the Scope of Article 32 of the CMR Convention?
Netherlands | 20 June 2007

Recent decisions have shed light on the issue of time bar under the Convention on the Contract for the International Carriage of Goods by Road (CMR). Under Article 32 of the convention, the period of limitation is one year for actions arising out of CMR carriage. However, do such actions involve only the carrier's liability or do all claims arising out of CMR carriage fall within the scope of Article 32?

Contracts of Carriage: Arbitration Enters the Dutch Arena
Netherlands | 02 August 2006

In cases involving contracts of carriage, the approach by the Dutch courts has long been that, if the defendant acted as a forwarder and the Fenex conditions apply, the court is not competent to hear the case. However, several courts have recently held that the Convention on the Contract for the International Carriage of Goods by Road does not prevent parties from applying additional general conditions to contracts.