Supreme Court, 13 Dec. 2016, n°15-16027 : A shipment of grain entrusted to Y (the carrier) by X was stolen while the truck was parked on an unattended area. X and its insurer Z sued the carrier for payment of the total value of the goods. The Court of Appeal accepted this request and decided that the carrier was aware of the probability of occurrence of the damage, the driver having stated that “he usually parked his vehicle during the week-end on the police station’s parking of (…), city where he lives, but that on 9 July that parking was full, therefore he parked his vehicle on another parking where the theft was committed” and deduced from this that there has been a perception of a risk that has been deliberately incurred since it had been initially envisaged to park the vehicle on the police station’s parking. On the grounds of article L133-8 of the Commercial Code, the Supreme Court decided that these grounds do not prove that the carrier was aware of the probability of a damage resulting from his behaviour and thus decided that the Court of Appeal deprived its ruling of a legal basis.