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Dispute resolution

24 Aug 2021

The law firm successfully represented the client based in another EU country in a debt recovery case for the transportation services provided and successfully defended the violated rights. 

In this case, the parties were cooperating since 2013. According to the acknowledged facts, the customer sent orders for transportation services and the transporting company sent documents confirming the fulfillment of the order. Everything went smoothly until 2020 when the customer ceased to pay for the cargoes provided. The customer argued that it had not received consignment notes and pallets. The plaintiff, meanwhile, stated that he had always provided the necessary documents, bills of lading, and delivered the pallets only when requested in the transportation order. The defendant stated that, by agreement between the parties, the defendant's obligation to pay for the transport service arose from the moment the plaintiff provided the defendant with all the documents listed in the order, i.e.: invoice for payment, original CMR consignment note, original consignment note, original pallet certificates. The customer argued that the parties have unequivocally agreed that failure to provide the specified documents will result that the carrier's costs not being paid by the customer. 

The court concluded that in this dispute concerning the carriage of goods, the CRM convention applies. National law, on the other hand, applies as the alternative only. The CMR Convention does not regulate the content and form of a contract, but merely states that the bill of lading is a document confirming the contract. 

In the present case, there was no dispute between the parties that they entered into legal relationship. It was concluded by the court the defendant's refusal to pay for the transportation services provided is based only on formal grounds which do not deny the fact that the services were provided. In addition, no claims were made regarding the quality of services, loss of cargo, non-delivery of cargo. The case material did not include any information on the defendant's request to provide the plaintiff with the original or missing packaging of the consignment notes. The court stated that the freight services were provided, the failure to provide CMR consignment notes, if any, does not constitute a material breach of contract which would exempt the defendant to pay for the services provided. The claim prepared by our law firm was therefore upheld in its entirety.

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Šulija Partners Law Firm Vilnius, registered office Jogailos street 11, Vilnius, LT-01116, Lithuania, fax +370 52051926, e-mail: info@SulijaPartners.com

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