The presumption of an ocean carrier's liability according to French law Publications Darren Heppel Published: May 30, 2018 Contact author Download article pdf Image A recent claim presented at court in France has led to a review of the presumed liability of a carrier under French law and the evidential requirements necessary to establish and rebut such presumption of liability. The subject case concerned a 40’ laden reefer container shipped from China to Le Havre; for which the Member had issued a port-to-port B/L. On discharge at Le Havre the Equipment Interchange Receipt “EIR OUT” was issued clean with no operating problems reported by the terminal. The inland transportation from the terminal to the French consignees’ premises, had been arranged by the cargo interests who picked up the container and returned the empty unit the next day following the unloading of the cargo. On devanning the cargo, reserves were made on the inland haulier's waybill but no reserves were notified to the Member in its capacity as ocean carrier. Instead, five days after delivery, the Member received an invitation to attend a joint survey. This invitation was received outside the three day notification period applicable under Article III r.6 of the Hague-Visby Rules. The Member declined to participate in the joint survey because no reserves had been presented to them at the time of devanning as well as the fact that no problem had been reported on discharge and the reefer data log indicated that the container had maintained performance and temperature throughout carriage. The critical issues for consideration were the effect of notification served outside the Hague-Visby Rules limitation period as well as the evidential value of a unilateral cargo survey report and reefer data log. These issues were considered in light of a decision issued by the French Cour de Cassation on 18 May 2017 (Cass Com n°15-22571). In this decision the French Cour de Cassation confirmed the position under Frenc