TGS Baltic has successfully represented AS Kevelt in a case before the Supreme Court of Estonia.
According to TGS Baltic, on June 16, 2021, the Supreme Court ruled in favor of AS Kevelt holding that a consignor of temperature-sensitive goods such as medicines may assume that the carrier of the goods has a proper action plan for refrigeration equipment failure.
According to the firm, “by applying the Convention on the Contract for the International Carriage of Goods by Road, the Supreme Court found that, in terms of the carrier’s limitation of liability, gross negligence is considered as equivalent to wilful misconduct under Estonian law. Therefore, the carrier may not limit its liability even if the damage was caused by gross negligence. The Supreme Court specified that the consignee of goods has generally fulfilled their burden of proof already when substantiating in the statement of claim the circumstances of the carrier’s actions which are sufficiently probable to indicate the intent or gross negligence of the carrier.”
TGS Baltic’s team included Senior Associates Martti Peetsalu and Silvia Urgas.
