KCC 1127/2014

This case involved a claim for compensation for a parcel which had been shipped but not delivered. Compensation had been wrongly calculated using the Civil Law and tort when it should have been calculated using the Warsaw Agreement.

Background

A claimant filed a case against a company and requested the court to order the company to pay him an amount of money and compensation. The claimant stated the company had not handed over a parcel that was shipped by it.

The court ruled that the company should pay the claimant 705 Dinars.

The claimant and the company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the company should pay the claimant 1000 Dinars.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and that the court had ordered it to pay the value of compensation in accordance with the rules of liability of tort which were stipulated by the Civil Law although the rules of Commercial Law and Warsaw Agreement should have been applied over the case.