Case Law

One of the tasks of the OTIF Secretariat is to monitor case law relating to the application of COTIF. Rulings based on the application of COTIF and its Appendices, and those in which national provisions are applied, but where there is a parallel with the provisions of COTIF, are published in the Bulletin of International Carriage by Rail (Bulletin). From 2011, this Bulletin will be published in an electronic format.

An overview of the case law published in the printed volumes of the Bulletin up to 2010 was contained in annual summaries, arranged according to

• Articles of COTIF and its Appendices, Articles of other Conventions and provisions of individual national regulations,
• Headwords
• States and courts.

Hard copies of the annual summaries, previous years' issues and single issues of the Bulletin up to 4/2010 containing the required ruling can be ordered from the OTIF Secretariat.

Rulings of fundamental importance for the interpretation of the CIM Uniform Rules or other parts of COTIF are published and/or commented on below, irrespective of whether they relate directly to COTIF and its Appendices or to other Conventions (concerning transport modes other than rail):

CIM UR

Scope, term “contract of carriage” (forwarding against a fix price)
Article 1 of CIM 1999 (Article 1 of CMR)

• High Court of Appeal, Germany (Bundesgerichtshof), Ruling of 14.02.2008 – headnote  (Bulletin of International Carriage by Rail 1/2009)
  [15KB]

Invalidity of contractual agreements which relax the carrier’s obligations
Article 5 of CIM 1999 (Article 23 of the Warsaw Convention)

• Court of Appeal, France (Cour d’Appel de Versailles), Ruling of 10.06.2010 – headnote and extract from the reasons given for the ruling
  (OTIF@Bulletin of International Carriage by Rail 1/2011)
  [20KB]

Carrier's freedom of contract (preclusion from carriage of certain goods) and prohibition on limiting liability
Article 5 of CIM 1999 (Article 41 of CMR)

• High Court of Appeal, Germany (Bundesgerichtshof), Ruling of 26.03.2009 – headnote and summary (Bulletin of International Carriage by Rail 2/2010)
  [24KB]

Liability of carrier for wilful misconduct
Articles 30 and 36 of CIM 1999 (Articles 23 and 29 of CMR)

• High Court of Appeal, Germany (Bundesgerichtshof), Ruling of 30.09.2010 – headnote, summary, comments
  (OTIF@Bulletin of International Carriage by Rail 2/2011)
  [26KB]

Compensation for loss of the goods – the issue of excise duties
Article 30 § 4 of CIM 1999

• High Court of Appeal, Germany (Bundesgerichtshof), ruling of 26.06.2003
  [115KB]
  
  
• Remarks on the expression "other amounts incurred in connection with carriage of the lost goods" (Bulletin of International Carriage by Rail No. 1/2004)
  [20KB]

Right of the consignee to bring an action
Articles 43 § 4 and 44 § 6 of CIM 1999

• Court of Appeal, Czech Republic (Vrchní soud v Olomouci), ruling of 28.07.2009 – critical summary and explanations concerning Articles 43 § 4 and 44 § 6 of CIM (Bulletin of International Carriage by Rail No. 3/2010)
  [26KB]

Written claim – suspension of the period of limitation
Article 48 § 3 of CIM 1999 (Article 32, para. 2 of CMR)

• High Court of Appeal, Belgium (Hof van Cassatie van België), Ruling of 10.06.2010 – headnote 
  (OTIF@Bulletin of International Carriage by Rail 3/2011)
  [15KB]
  
  
• High Court of Appeal, France (Cour de Cassation), Ruling of 19.02.2013 – headnote

Period of limitation if claims are not rejected
Article 48 § 3 of CIM 1999 (Article 32, para. 2 of CMR)

• Court of Appeal, France (Cour d’Appel de Paris), Ruling of 14.12.2011 – headnote and summary
  (OTIF@Bulletin of International Carriage by Rail 1/2012)
  [21KB]