Our transport and logistics sector experts successfully represented Recom & Co Ltd., a leading European solar module manufacturer and independent power producer based in Cyprus, in litigation against a Latvian-based company for losses incurred during the international carriage of goods.
About the case
The dispute arose out of a contract for the carriage of goods. After the client’s cargo, worth several hundred thousand euros, went missing, we were able to prove the freight forwarder’s liability and claim the full amount of damages. The court of first instance satisfied the claim in its totality. The opponent appealed against the first instance judgement; however, the second instance court upheld it. Following this, we successfully opposed the cassation complaint and the Supreme Court refused to initiate cassation proceedings. As a result, the second instance court judgement entered into force and our client successfully recovered the entire debt.
Our team and involvement
The case was reviewed under the international CMR Convention, the general rules of the Latvian Association of Freight Forwarders (LAFF), and the Commercial Law of Latvia. In addition to arguing on the nature of criminal actions, the duty of diligence and the division of risks, the case included several procedural matters, such as a challenge to the court’s jurisdiction and the enforceability of the arbitration and mediation clause. Our team was successful in proving the civil liability of the opponent, as well as the non-enforceability of the arbitration and mediation clauses.
The client was represented by our transport sector experts: partner Valts Nerets, senior associate Elvis Grinbergs, and assistant lawyer Paula Šūtava.
