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Thierry Granturco

Thierry Granturco est avocat aux Barreaux de Paris et de Bruxelles, spécialiste de droit du sport. Il est actif dans le milieu du football professionnel depuis plus de 20 ans après avoir lui-même joué à haut niveau à l'Olympique Lyonnais (OL).

Rules of CMR competence : the state of the jurisprudence

International conventions relating to the contract of carriage are characterized by their vocation to govern all disputes arising from these contracts. And most of them have, in addition to substantive rules concerning the obligations of the parties to the contract of carriage, special rules of jurisdiction. This is particularly the …

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The role of CMR reserves in transport contracts

A shipper complaining about refusal and non-delivery of certain goods to several customers in Luxembourg and Spain to address his claims to his carrier in the form of invoices. The latter refuses to pay, but in return demands payment of the price of the services he had performed. He won …

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The responsibility of the transport operator in the case of theft of goods

Theft of goods in transit and its effects on the carrier’s liability still occupies an important place in the courtroom. The stakes are high: either the carrier is exonerated from liability because the theft is seen as a case of force majeure, if this is not the case, it will …

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Misconduct of drivers and liability

Guilty of serious misconduct the driver who, having loaded the goods, returned home, where a third party he was putting up steals the vehicle and the goods using a duplicate key he had made whilst borrowing the vehicle. Misconduct which is defined as gross negligence demonstrating the inability of the …

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Drivers dressing time in public transport

Counterparties are due to employees for dressing time if work attire is required and they must dress and undress in the workplace under legal, regulatory, conventional requirements or under an employment contract. The judgement given here together with the plenary strengthens the case initiated by judgement in chambers March 26, …

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Driving time and rest : communication of tachograph data requested by the employees

A truck driver who tried in vain to obtain a photocopy of tachograph discs, resigned. Despite the absence of any indication in the letter denouncing the conduct of the employee by the employer’s, the court concludes the equivocal nature of his desire to resign and thus redefines the resignation as …

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Driving time and rest : occupation illness

Because a trucking company did not comply with the rules on driving time, the Court of Appeal of Rennes was able to grant a truck driver to give an indemnity as compensation for damage suffered on the basis of civil liability common law (CA Rennes, 13 September 2011, No. 10/00368). …

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Required formalities for imported used vehicles

The requirements laid down by national legislation that apply to second-hand vehicles imported, for, on the one hand, the compulsory road worthiness test and on the other hand, the obligation of the production of a certificate of conformity for technical testing prior to registration, which constitute the formalities for the …

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The ambiguous status of the Transport Manager

The new European regulation on requirements to practise activity of carrier now requires companies to have a Transport Manager. If it is welcome as it will identify clearly who directs the activity of the company and must consequently be of good repute and professional competence, the regulation will raise difficulties …

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Criminal liability of a business owner in France as a result of non-compliance with EU rules on driving times for its drivers: a change in the law due to the wording of Regulation (EC) No 561/2006 compared to the former Regulation (EEC) No 3820/85.

In respect of section 593 of the French Code of Criminal Procedure, which states that « decisions and judgements are ultimately declared invalid if they do not contain patterns or if their reasons are inadequate, » the Supreme Court quashed one appeal decision which held that the procedure was established by an …

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