Denmark, WSCO Advokatpartnerselskab updates

Shipping & Transport

Contributed by WSCO Advokatpartnerselskab
Theft of tobacco from trailer not covered under cargo insurance as transport had not commenced
  • Denmark
  • 22 January 2020

The Maritime and Commercial Court recently examined whether the theft of tobacco products was covered under the cargo policy agreed between a wholesaler and a carrier and whether the wholesaler's insurer was liable. It is clear from the judgment that cargo insurance coverage under the Danish Extended Conditions requires that the transport of insured goods commences immediately after loading onto the means of transport has taken place.

Temperature deviation and gross negligence under CMR
  • Denmark
  • 08 January 2020

A recent Maritime and Commercial Court decision concerned carrier liability for temperature damage to a consignment of pharmaceuticals. The court's judgment signals that carriers must make quick decisions and implement actions to respond to temperature alarms in order to avoid unlimited liability.

Direct action, choice of law and time limitation
  • Denmark
  • 31 July 2019

The Maritime and Commercial High Court recently examined a direct action claim against a Dutch freight liability insurer in a carriage of goods by road dispute involving a bankrupt carrier and a Danish manufacturer of cigarettes. The premise relied on by the court in this matter, if not appealed, may seem ripe to undermine some insurance policies between liability insurers and international carriers, including proper law provisions and time limitation under a policy.

Sign on the dotted line – importance of signing transport documents
  • Denmark
  • 29 May 2019

A recent Maritime and Commercial Court decision in which a carrier was found liable for a missing delivery underlines the importance of getting transport documents signed as a receipt for goods delivered. A signed transport document is the carrier's proof of delivery. Hence, in case of doubt as to whether delivery has taken place, the transport document serves as compelling evidence.

Carrier subject to unlimited liability for theft of products from trailer
  • Denmark
  • 20 March 2019

A recent Maritime and Commercial Court ruling highlights that a carrier may be exposed to unlimited liability for loss resulting from a failure to adhere to a shipper's demands regarding special precautions, even when these demands do not follow from the parties overall cooperation agreement. The case concerned PS4 consoles which were stolen during transportation after the exporter failed to inform the carrier that the consignment was theft sensitive.


Current search