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 his case in front of trial judges while the consigner had his claims dismissed as inadmissible because of late filing. It is therefore necessary to examine here the conditions for recognition of damage when transporting, internationally, is subject to the Convention on the Contract for International Carriage by road called the CMR.
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