PIL instrument(s)

Case number and/or case name

2009/AR/1267 - Brussel, 1 March 2013

Details of the court

Belgium, Second Instance

Articles referred to by the court

Date of the judgement

28 February 2013

Appeal history

CJEU's case law cited by the court

Summary

Art. 91 of the Belgian Maritime Act relates to the obligations and liability of carriers of goods by sea where the relationship with the consignee is governed by a bill of lading. This Article defines the “carrier” as either the ship owner or the charterer who is party to a contract of carriage with the consignor. Art. 91 is a mandatory rule within the meaning of Art. 20 of the Belgian Code of Private International Law and an overriding mandatory provision within the meaning of Arts. 3(3) and 9 of the Rome I Regulation. It therefore excludes the application of the usual conflict of law rules. Belgian law is always applicable to a carriage of goods from or to a Belgian port, including the rule of Art. 91 that the ship owner can also be considered as carrier. Short critique This decision is in line with case law of the Belgian Supreme Court where it was decided that Art. 91 of the Maritime Act is mandatory and applies no matter what the law applicable to the bill of lading is.