The fact that a truck driver is with his lorry on a ferry is not to be considered as resting time but as uptime, even if the driver is completely free to do as he wishes during the crossing as long that he has no bunk. The fact that this …

The decision here is simple. Too simple not to hide an interest or a legal problem. An employee, truck driver « short distances », refuses to execute the mission given by his employer. He considers it too long and against social regulation. The employer finds another driver to perform the task and …

The distinction between a contract of carriage and contract freight forwarding is a recurring issue. Beyond the practical issues the court noted that, far from being a matter of specialists, transport law is based on the fundamental principles of contract law. A sender charges the Calberson Company with an international …

The toll increase on a motorway section benefiting a company that has the concession of another section is not State aid: there is no transfer of State resources.

The dispute before the French State Council, opposing the successful bidder of a European market for the provision of transport of agricultural products from France to the Russian Federation to the national intervention agency about ending the holdback of the guarantee fund made by the contractor, raises a question of …

Transposition of directives and constitutional organization of a Member State: Belgium escapes conviction for failure for incorrect transposition of Directive 2000/53/EC on end of life vehicles.

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 …

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 …

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 …

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 …