GERECHTSHOF AMSTERDAM 10 november 2020 Zaaknummer C/13/603576/HA ZA 16-231

摘要

Late protest by cargo interests under article Ⅲ (6) of the Hague-Visby Rules does not lead to any loss of right to claim but just to shifting of the burden of proof. For an exoneration of liability pursuant to Article Ⅳ (2) of the Hague Visby-Rules to succeed, the carrier does not only have to invoke viz. prove the existence of the exception, but also the causational link between the exception and the damage. For the (q) exception to succeed, the mere allegation by the carrier that he bears no blame for or did not intend to cause the damage does not suffice, but the carrier has to prove that there was another cause and in particular a cause that could not have been avoided by him or his agents.