Case number and/or case name
OLG Bamberg, 29.7.2015, 3 U 29/15
Details of the court
Germany, Second Instance
Articles referred to by the court
Date of the judgement
28 July 2015
CJEU's case law cited by the court
Summary
The plaintiff is an internationally operating carrier who was entrusted by the defendant with the transport of goods from Germany to Italy. The packaging was done unsatisfactory and the goods got damaged. The parties argue about the culpability. Qualified culpability according to Art. 29 (1) CMR does not lead to an exclusion of the application of national law. According to Art.5 (1) German law is applicable regarding to the measurement of the amount of damages.