Shipping & Transport, WSCO Advokatpartnerselskab updates


Contributed by WSCO Advokatpartnerselskab
Question of jurisdiction for claim against carrier under Brussels I Regulation revisited
  • Denmark
  • February 21 2018

The Supreme Court recently decided a case on appeal from the Maritime and Commercial Court concerning whether the latter had jurisdiction to hear proceedings that a Danish seller had brought against a Dutch terminal and a Danish carrier following a lost food consignment pursuant to Article 8(1) of the Brussels I Regulation. The Supreme Court reversed the Maritime and Commercial Court's decision and found that the conditions for applying Article 8(1) had been fulfilled.

Court examines whether liability for damage to cargo can be limited to $500 per package
  • Denmark
  • February 07 2018

A recent Maritime and Commercial Court case concerned liability for damage to a container transported from Denmark to the United States. The bill of lading included a network liability clause which limited liability to $500 per package when damage or loss occurred during sea carriage or where the damage occurred could not be localised. The court found that the damages had been caused during the land transport leg in the United States and therefore the carrier's liability could not be limited.

Danish shipping register to become more competitive for non-EU and non-EEA merchant shipowners
  • Denmark
  • January 10 2018

A bill to amend the Danish regulations on the registration of ships under Section 2 of the Merchant Shipping Act was recently passed with the aim of attracting non-EU and non-EEA merchant shipowners and shipping and management companies to the Danish flag. The bill's main innovations include an increasingly transparent activity requirement, multiple ways of satisfying this requirement and an equal establishment requirement that applies to EU and non-EU shipowners.

Carrier liable for cargo damage due to flooding of refrigerated container during voyage
  • Denmark
  • December 20 2017

The Maritime and Commercial Court recently found that bad weather during sea carriage that results in cargo damage does not exempt a carrier from liability if the weather conditions were forecast or not unusual in the geographical location in question during the relevant season. However, the judgment provides no guidance on the liability issues that arise if the prevailing weather conditions render it impossible to conduct repairs of defects that occur in a container being carried at sea.

Maritime and Commercial High Court interprets definition of 'visible damage'
  • Denmark
  • November 29 2017

A recent Maritime and Commercial High Court decision concerning the carriage of a consignment of different types of medical product found that smoke contamination constituted visible damage under the Carriage of Goods by Road Act. The decision underlines the importance of inserting reservations into waybills when a consignee has reasonable grounds for doing so and illustrates the dire consequences of failing to do so.

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