Maritime Transport Of Cargo: Carrier Liability And Limitation Rules

In judgment 5098 handed down on 9 March 2006, the Supreme Court in Italy declared that, in the maritime transport of cargo, the judge deciding the merits of the case has to ascertain the degree of negligence of a carrier and his employees or agents, for a carrier's right to limitation of liability, as provided for in article 423 of the navigation code, not to be applicable in cases of loss or damage to cargo where there is gross negligence or wilful misconduct. Specifically, pursuant to the aforementioned judgment, the rule is ratified whereby a party suffering loss or damage to his cargo during the performance of a national maritime transport contract is entitled to damages in proportion to the actual economic loss incurred if the event causing the loss or damage is the result of the carrier's conduct, or that of those assisting him, being grossly negligent. Consequently, determination of the degree of