Gross negligence and limitation period

Supreme Court, 13 Dec. 2016, n°15-19509 : Only fraud, in accordance with article L133-6, paragraph 1, of the Commercial Code, which is not to be confused with gross negligence as provided for in article L133-8 of the Commercial Code, in the sense that it implies on the part of the carrier malicious intent, breach of faith or concealment of the damage caused to the shipper or the consignee, can overturn the one-year limitation period.

2017-05-10T09:10:18+00:00 12/15/2016|