HIGH COURT OF ENGLAND AND WALES, QUEEN'S BENCH DIVISION, (COMMERCIAL COURT), 23 October 2018, [2018] EWHC 2756 (Comm)

摘要

In the circumstances of the case the carrier is relieved from liability for half of the amount of the damage under Article 17, paragraph 4(c) CMR, since any damage resulting from poor circulation of the cooling air, other than in respect of the arrangement of pallets at the rear of the trailer, would properly be considered as the result of the stowage, which ex hypothesi compromised the flow of air to the rear of the trailer.