San Fernando SA claimed the partial loss of its cargo from Meldrew Marine Ltda and Centurian Maritime, represented in Peru by Trabajos Marítimos SA. The first instance Court admitted the claim, declaring the joint liability of the defendants. On appeal, the decision was affirmed by the High Court (HC). The defendant recurred the decision on cassation before the Supreme Court (SC). It alleged that the lower Courts erred in applying arts 603 and 600 of the CCom as these provisions do not govern joint liability, but rather the vicarious liability of the master and the apportioned liability of the ship's co-owners respectively.

Held: The SC dismissed the recourse.

The SC stated that art 603 of the CCom prescribes the civil liability of the shipowners to third parties for the conduct of the master in the custody of the cargo. Likewise, art 600 establishes the shipowner's liability arising in relation to the shipping company or carrier. This liability must be assessed and interpreted systematically in accordance with the Hague Rules. Article 1.a of the Rules specifies that the 'carrier' includes the shipowner or the charterer, who is a party to a contract of carriage with a shipper. Therefore, the HC was correct in its application of these provisions.