Case number: 160
Article number: / 16
Thessaurs issue:
Country of decision: Tunisia
Year of decision: 1994
Type of decision: Judicial decision

Case 160: HR 16
Tunisia: Tunis Court of First Instance (9th Division)

2 November 1994

"Carte" Soci‚t‚ tuniso-europ‚enne d'assurances et de r‚assurances v. Sudcargos

Original in French

Published: Revue de droit commercial, maritime, a‚rien et des transports 1996, 40

(Abstract prepared by David Mor n Bovio)

The defendant company had transported goods on behalf of the consignee to the port of Rad s in Tunisia. During loading of the goods, the defendant had stipulated a reservation in the bill of lading discharging the carrier of all liability in respect of the number and nature of the packages because the containers had been sealed with lead seals and it was therefore impossible to check the accuracy of the particulars of the goods given in the bill of lading.

After unloading, the consignee realized that a number of packages were missing. It reported that fact to its insurer and was duly indemnified. The insurer then brought an action before the Tunis Court of First Instance with a view to establishing the liability of the maritime carrier and making it pay the value of the missing goods.

The Court applied article 16 HR, ratified by the Republic of Tunisia, under which a carrier may stipulate substantiated reservations if he has reasonable grounds to suspect the accuracy of the particulars given by the shipper in the bill of lading. Consequently, the onus was on the consignee to prove the accuracy of the particulars in order to be able to establish liability on the part of the carrier. However, the consignee had not adduced proof of the number or nature of the packages handed over to the carrier on departure.

The Court therefore found that the damage was non-determinable and that it was not possible to establish liability on the part of the carrier.