Following damages to goods carried in a container which fell during handling operations, the carrier CMA CGM introduced a recourse action against the stevedoring company, société INTRAMAR SA (Intramar). Intramar raised its right to limit its liability under art 4.5.a of the Hague-Visby Rules, both for the claim concerning damages to the goods but also for various subsequent and associated costs: handling and parking, the container’s value, disposal of the goods, experts fees, etc. Although the application of limitation was not discussed with regard to damages to the goods and expert fees, the parties disagreed on the issue of subsequent costs. The Court of Appeal decided in favour of CMA CGM, on the ground that the wording of art L 5422-23 of the French Transport Code, stating that 'under no circumstances' could the stevedoring company’s liability exceed the limitation of art 4.5.a of the Hague-Visby Rules, applied only to loss or physical damages to the goods, but not to related costs not directly sustained by the goods themselves.

Held: The Cour de cassation set aside the appeal judgment, holding that 'the stevedoring company’s limitation of liability applies to the damages to the goods and to the subsequent or related damages sustained by the carrier'.