CML CMI Database: José Luis Montosa SL v DHL Global Forwarding Spain SLU, 25 September 2023

This was a claim brought by the plaintiff against the defendant for EUR 28,165.94 for damage caused to 2,240 boxes of Hass avocados during carriage by sea from Mexico City to Algeciras. The defendant subcontracted carriage of the goods to Mediterranean Shipping Co (MSC). MSC provided the container, which was delivered to the shipper, Coral. Once Coral had stuffed the container, it was transported to the port of Altamira (Mexico), where it was loaded onto the Maersk Kingston, operated by MSC, on 28 November 2021. The container was discharged at the destination port, Algeciras, on 21 December 2021. Routine inspection operations were carried out on arrival. No anomaly was observed in the container’s refrigeration equipment. The container remained in the port for another week on the instructions of the plaintiff. On unpacking the container, the avocados were found to be in an advanced state of maturation that rendered them unusable.

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https://cmlcmidatabase.org/jos%C3%A9-luis-montosa-sl-v-dhl-global-forwarding-spain-slu

The CML CMI database of Judicial Decisions on International Conventions aims to make these decisions more accessible to the worldwide maritime community, in the hope that this will foster comparative research and uniformity of interpretation of international maritime law. This project, which is undertaken and hosted by the Centre for Maritime Law of the National University of Singapore in collaboration with the Comité Maritime International, builds on the foundation laid by Francesco Berlingieri in his earlier CMI database of jurisprudence on maritime conventions.

Visit the database at: https://cmlcmidatabase.org/jos%C3%A9-luis-montosa-sl-v-dhl-global-forwarding-spain-slu