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DMC/SandT/02/10 '''German Federal Supreme Court D'''
Date of Judgement: 18 June 2009: Case Reference: 1 ZR 140/06
'''CARRIER’S LIABILITY: BREAKING THE LIMITATION OF LIABILITY: SUB-CONTRACTING''' '''Summary'''
Over-ruling the judgments of the first and second instance courts, the Federal Supreme Court held that, in the case of loss occurring during the sea leg of a combined transport, the combined transport operator (CTO) is entitled to invoke the limitations of liability, if the loss was caused by recklessness of the sub-carrier. Any gross negligence on the part of the sub-carrier was not to be attributed to the CTO, provided there was no gross negligence on the part of the CTO itself.'''
Note contributed by Daja H. Böhlhoff, LLM (Maritime Law), Solicitor of German law firm Blaum Dettmers Rabstein [http://www.blaum-dettmers-rabstein.de] and International Contributor to DMC’s CaseNotes
'''Background'''