[Guozun Maritime and Shipping Lawyers] What Should You Do If You Encounter a Cargo Claim Dispute During Sea Transport in Greece? The Greek Maritime Code

1. What international conventions and domestic laws apply to maritime cargo claims?

Greece has ratified the 1924 Hague Convention and its 1968 and 1979 Protocols, namely the Hague-Visby Rules. The Hague-Visby Rules apply to claims relating to the carriage of goods if any of the following conditions is met: (i) the bill of lading is issued in a contracting state; (ii) the carriage begins from a port in a contracting state; or (iii) the contract contained in or evidenced by the bill of lading provides that the Hague-Visby Rules, or the law of any state giving effect to them, shall govern the contract. If Greek law is the lex fori, Greek courts will apply the Hague-Visby Rules regardless of whether the law chosen by the parties itself applies those Rules.

If a claim falls outside the scope of the Hague-Visby Rules, the Greek Code of Private Maritime Law applies. Its provisions are similar to those of the Hague-Visby Rules, and it extends their scope to all international liner transport, regardless of whether a bill of lading has been issued.

Greece has not ratified the Hamburg Rules or the Rotterdam Rules.

1. What core principles apply to cargo claims brought against the carrier?

The core principles are as follows:

The carrier has the right to limit liability under the Hague-Visby Rules, the Greek Code of Private Maritime Law, and/or the Convention on Limitation of Liability for Maritime Claims (LLMC);

The reversal of the burden of proof under the Hague-Visby Rules and the Greek Code of Private Maritime Law applies;

The Hague-Visby Rules apply mandatorily during the period from loading to discharge, while the Greek Code of Private Maritime Law extends the carrier’s liability to the periods before loading and after discharge.

Freight forwarders and carriers are jointly and severally liable, unless otherwise agreed.

1. Under what circumstances may the carrier bring a claim against the shipper for misdeclaration of cargo?

Under the Hague-Visby Rules, the shipper guarantees the accuracy of the marks, numbers, quantity, and weight of the goods. Under the Greek Code of Private Maritime Law, the shipper will be liable in damages only if the misdeclaration was made intentionally. Under the Hague-Visby Rules, the shipper must indemnify the carrier for any loss or damage caused by the misdeclaration.

The carrier may bring a claim against the shipper, whether in contract or in tort, for damage caused by a misdeclaration. The same principle applies in cases involving the carriage of dangerous goods without notice to the carrier.

The carrier’s right to claim against the shipper does not affect the carrier’s liability toward third parties for damage caused by the shipper’s misdeclaration. The carrier may only seek recourse against the shipper.

1. What is the limitation period for maritime cargo claims in Greece?

Under both the Hague-Visby Rules and Article 281 of the Greek Code of Private Maritime Law, the limitation period for cargo claims is one year, and it may be extended by agreement between the parties after the incident has occurred. The limitation period runs from the date of actual delivery of the goods or from the date when the goods should have been delivered. However, in the case of recourse claims against a third party, such claims may still be brought, even after the expiry of the one-year period, as long as they are filed within the time permitted by the law of the forum.

The limitation period is interrupted only if the claim is brought before a court with jurisdiction and served on the defendant, or if arbitration proceedings are commenced pursuant to an arbitration clause in the contract of carriage.

Disclaimer

Laws and procedures may change. This article provides general information only and does not constitute legal advice. If you encounter a maritime or shipping dispute overseas, please contact us immediately to consult a professional foreign-related lawyer.