Mr Jorian Gunst

Jorian Gunst


Shipping & Transport

Appeal court finds that carrier had strengthened obligation to furnish facts in CMR claim
Netherlands | 15 July 2020

The Netherlands has historically been a friendly jurisdiction for Convention on the Contract for the International Carriage of Goods by Road (CMR) carriers. However, there are some exceptions. In certain circumstances, a claimant may be able to rely on a carrier's 'strengthened obligation to furnish facts'. The Den Bosch Appeal Court recently held that a CMR carrier had such a strengthened obligation in order to enable the claimant to meet its burden of proof regarding (the fault equivalent of) wilful misconduct.