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CML CMI Database: Société Générale de Manutention Portuaire v SA CMA CGM, 22 November 2023
This was an appeal in cassation brought by Société Générale de Manutention Portuaire (GMP) against the judgment of 12 May 2022 of the Rouen Court of Appeal (Civil and Commercial Chamber) in a dispute between GMP and CMA CGM. CMA CGM had entrusted GMP to load a container containing liquid chemicals inside a plastic tank (known as a flexitank) onto the APL Merlion. During handling operations, the container hit the ship’s rail. The container’s floor was pierced, causing the chemicals inside to leak out and spread onto the ship and the quay. After having compensated the owner of the chemicals within the legal limit of EUR 48,532, CMA CGM sued GMP for reimbursement of this sum and various other expenses incurred for cleaning, repair, mooring fees, and container demurrage. GMP presented a counterclaim for payment of the expenses that it had incurred following the accident.
https://cmlcmidatabase.org/soci%C3%A9t%C3%A9-g%C3%A9n%C3%A9rale-de-manutention-portuaire-v-sa-cma-cgm
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/soci%C3%A9t%C3%A9-g%C3%A9n%C3%A9rale-de-manutention-portuaire-v-sa-cma-cgm
