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Successfull defence of the interests of the international container carrier

03.09.13

International Law Offices "Interlegal" has successfully defended the interests of the international container carrier in the Commercial Court of Odessa region.

The defendant in the case, a Ukrainian freight forwarder, acted as a customer of international sea carriage under the contract, and was specified as the consignee in relevant ocean bills of lading. After receiving the goods, the freight forwarder did not pay for excess storage of cargo at the port, and also failed to pay demurrage due to the carrier according to the tariffs applicable.

The main objection of the defendant that he was not the owner of the cargo, which the cargo owner, in his opinion, was required to bear the costs for transportation was not taken into consideration by the court as contrary to the case materials, the provisions of legislation and regulations applicable to the said legal relations.

Based on the provisions of the Article 170 (3) of the Merchant Shipping Code of Ukraine, the relevant provisions appearing in the bills of lading, the court has rightly identified the status and obligations of the defendant in the given legal relationships, and ordered the freight forwarder to reimburse charges payable to the carrier and, thus, satisfied the claim in full.