Exclusion of carriers’ liability for damage caused in connection with the public authorities’ justified actions

16.04.2020 r.

Exclusion of carriers’ liability for damage caused in connection with the public authorities’ justified actions

As a result of epidemic situation existing in the territory of the Republic of Poland, Article 14 paragraph 1 has been introduced into the “Act on specific solutions related to the prevention, counteraction and combating of COVID-19 and other infectious diseases and crisis situations caused by them” of 2^nd of March 2020. This article states that road carriers are not liable for any damage caused in connection with the justified actions of the public authorities aimed at preventing the spread of the infectious disease COVID-19; specifically that road carriers are not liable for the lack of transport possibilities.

The abovementioned provision only applies to national carriage. Repeatedly stopping transport which is associated with border controls at international borders concerns international transport which is primarily governed by the provisions of the Convention on Contracts for the International Carriage of Goods by Road, the (CMR Convention).

In accordance with the general provisions of the CMR Convention, and specifically in accordance with Article 17 paragraph 2 of the CMR Convention, a carrier is released from liability for a delay in delivery, if this delay is caused by circumstances which the carrier could not avoid and the consequences of which could not be prevented by the carrier. Both these conditions must be fulfilled jointly. In accordance with Article 18 paragraph 1 of the CMR Convention, the existence of these circumstances must be proven by the carrier which relies on them.

Please note that no provisions have, as yet, been introduced which specify the legal consequences of the COVID-19 pandemic on a carrier's liability for a delay in international carriage.

 

/ADK/