Strasbourg Convention on Limitation of Liability in Inland Navigation

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The Strasbourg Convention on Limitation of Liability in Inland Navigation of November 4, 1988 is intended to standardize the law on limitation of liability in inland navigation , particularly on the Rhine and Moselle.

Basics

  • The convention was adopted in Strasbourg on November 4, 1988 by the founding states Germany, Belgium, France, Luxembourg, the Netherlands and Switzerland. Although France and Belgium helped to decide on the convention, they have not yet let it come into force for their national territory (as of April 2011).
  • The purpose of the convention is to standardize the law of limitation of liability in inland navigation, especially on the Rhine and Moselle (see preliminary considerations of the contracting states in the CLNI).
  • The text of the Convention is equally binding in German, Dutch and French (Art. 22 CLNI).
  • The convention was deposited with the Secretary General of the Central Commission for the Navigation of the Rhine (Art. 21 Para. 1 CLNI), who was appointed as the custodian of the convention.

scope

  • The Convention entered into force on September 1, 1997 in the Netherlands, Luxembourg and Switzerland. Since three states have thus ratified the convention, it also entered into force at this point in time (cf. Art. 17 para. 1 CLNI).
  • In Germany the convention was published in the Federal Law Gazette BGBl. II 1998, p. 1643; it came into force in Germany on July 1, 1999 (according to the announcement of April 12, 1999; Federal Law Gazette 1999 II, p. 388). In implementing the requirements from this convention, the Federal Republic of Germany has changed the German Inland Shipping Act (BinSchG) (in particular - but not exclusively - by inserting §§ 5 of the BinSchG).
  • Switzerland, Germany, the Netherlands and Luxembourg have made various reservations and declarations on the agreement.
  • Other states can accede to the Convention in accordance with the provisions of Art. 16 Paragraph 2-4 CLNI. A termination option is possible according to Art. 19 CLNI.

contents

  • Chapter I Right to Limitation of Liability
    • Art. 1 Persons entitled to limit liability
    • Art. 2 Limitation Claims
    • Art. 3 Claims excluded from the restriction
    • Art. 4 Behavior excluding the restriction
    • Art. 5 counterclaims
  • Chapter II Maximum amounts of liability
    • Art. 6 General maximum amounts
    • Art. 7 Maximum amounts for claims by travelers
    • Art. 8 Unit of account
    • Art. 9 Multiple claims
    • Art. 10 Limitation of liability without setting up a liability fund
  • Chapter III Liability Fund
    • Art. 11 Establishment of the fund
    • Art. 12 Distribution of the Fund
    • Art. 13 Exclusion of other actions
    • Art. 14 Applicable law
  • Chapter IV Scope
    • Art. 15
  • Chapter V Final Provisions
    • Art. 16 Signature, ratification and accession
    • Art. 17 Entry into force
    • Art. 18 reservations
    • Art. 19 Termination
    • Art. 20 Change of maximum liability amounts
    • Art. 22 languages

Content

The following extracts from the text of the law reflect the essential points of the Convention:

  • Subject of limitation of liability (Art. 1, 2 CNLI);
  • Scope of limitation of liability, in particular maximum limits of liability (Art. 6, 7 CLNI)
  • Possibility to limit liability by setting up a liability fund (Art. 11 CLNI).
  • Article 1 CLNI - Persons authorized to limit liability

(1) Shipowners and rescue workers as defined below may limit their liability for the claims referred to in Article 2 in accordance with the provisions of this Convention.
(2) The term
a) "Shipowner" means the owner, hirer, charterer, shipowner and charterer of a ship;
b) “Ship” means an inland waterway vessel and includes hydrofoils, ferries and small craft, but not hovercraft. The ships are like dredgers, cranes, elevators and all other floating and moving systems or devices of a similar type;
c) "Rescuer or rescuer" means any person who provides services in direct connection with a rescue or assistance. Rescue or assistance also includes the work specified in Article 2 paragraph 1 letters d, e and f.

  • Article 2 CLNI - Restricted Claims

(1) Subject to Articles 3 and 4, the following claims, regardless of the reason for liability, are subject to the limitation of liability:
a) Claims for death or personal injury or for loss of or damage to property (including damage to port facilities, docks, waterways, locks, bridges and Navigation aids) that occur on board or in direct connection with the operation of the ship or with salvage or assistance work, as well as due to further damage resulting therefrom;
b) Claims for damage as a result of delay in the carriage of goods, travelers or their luggage;
c) Claims due to other damage resulting from the violation of non-contractual rights and which are directly related to the operation of the ship or to salvage or assistance work;
d) Claims arising from the lifting, removal, destruction or rendering harmless of a sunken, damaged, stranded or abandoned ship including everything that is or has been on board such a ship;
e) Claims arising from the removal, destruction or rendering harmless of the cargo on the ship;
f) Claims by a person other than the liable person for measures taken to avert or reduce damage for which the liable person may limit his liability under this Convention, as well as for other damage caused by such measures.
(2) The claims mentioned in paragraph 1 are also subject to the limitation of liability if they are asserted on the basis of a contract or otherwise as recourse or compensation claims. However, the claims mentioned in paragraph 1 letters d, e and f are not subject to the limitation of liability insofar as they relate to a fee contractually agreed with the liable party.

  • Article 6 CLNI - General Maximum Amounts

(1) The maximum liability amounts for claims other than those mentioned in Article 7, which arose from the same event, are calculated as follows:
a) for claims due to death or personal injury:
i) for a ship which, according to its intended purpose, is not suitable for the carriage of Goods, in particular a passenger ship, are served by 200 units of account per cubic meter of water displacement of the ship at the maximum permissible draft, increased by 700 units of account per KW of engine power for ships with their own propulsion power;
ii) for a ship which, according to its intended purpose, serves to transport goods, 200 units of account per ton of carrying capacity of the ship, increased by 700 units of account per KW of propulsion engine capacity for ships with their own propulsion power;
iii) for a push or tug boat, 700 units of account per KW capacity of the propulsion engines;
iv) for a push boat that was rigidly connected to push barges to form a push barge at the time the damage was caused, the liability amount calculated in accordance with section iii increases by 100 units of account per tonne of load capacity of the push barge; this increase does not apply to the extent that it can be proven that the push boat has provided rescue or assistance services for one or more of these push barges;
v) for a ship with its own propulsion power, which at the time of causing the damage is moving other ships firmly coupled to this ship, the liability amount calculated according to items i, ii or iii increases by 100 units of account per ton of deadweight or per cubic meter of water displacement of the other ships ; this increase does not occur insofar as it can be proven that this ship has provided rescue or assistance services for one or more of the coupled ships;
vi) for floating and movable installations and equipment within the meaning of Article 1 paragraph 2 letter b sentence 2, their value at the time of the event;
b) for all other claims half of the amounts specified under letter a;
c) If the amount calculated in accordance with letter a is not sufficient to fully satisfy the claims mentioned therein, the amount calculated in accordance with letter b is available to satisfy the unsatisfied remaining claims according to letter a, these remaining claims having the same priority as those under letter b have said claims;
d) In all cases, the maximum liability for claims for death or personal injury may not be less than 200,000 units of account and for all other claims 100,000 units of account.
(2) Without prejudice to the rights under paragraph 1 letter c in relation to claims for death or personal injury, a Contracting Party may, however, determine in its domestic legislation that claims for damage to port facilities, docks, waterways, locks, bridges and navigational aids are subject to them in this legislation granted priority over claims under paragraph 1 letter b.
(3) For a salvor or rescuer who renders salvage or assistance services for a ship and works neither from an inland vessel nor from a seagoing vessel, as well as for a salvor or rescuer who works exclusively on the ship for which he is salvage or Provides assistance services, the maximum liability amounts specified in paragraph 1 letter d apply.

  • Article 7 CLNI - Maximum amounts for claims by travelers

(1) In the event of claims arising from the same event due to the death or personal injury of passengers on a ship, the shipowner shall be liable up to an amount of 60,000 units of account, multiplied by the number of passengers that the ship may carry according to the ship's certificate; if the number of passengers that the ship may carry is not stipulated, the limitation of liability is determined by the number of passengers that the ship actually carried at the time of the event. These maximum amounts must not be less than 720,000 units of account and not exceed the following amounts: a) for ships with a permitted number of passengers up to 100 people 3 million units of account; b) for ships with a permitted number of passengers up to 180 people 6 million units of account; c) for ships with a maximum number of passengers of more than 180 persons 12 million units of account. (2) "Claims due to the death or personal injury of passengers on a ship" in the sense of this article means those claims which are asserted by or for a person carried on this ship,
a) who is carried on the basis of a contract of carriage for travelers or
b) who, with the consent of the carrier, accompanies a vehicle or live animals that are the subject of a contract for the carriage of goods.

  • Article 11 CLNI - Establishment of the Fund

(1) The person who is held liable may be brought before the competent court or any other competent authority of a Contracting Party in whose territory legal proceedings are initiated for a claim subject to the restriction or, if no legal proceedings are initiated, with the competent A court or any other competent authority of a contracting party in whose territory legal proceedings can be initiated for a claim subject to the restriction shall set up a fund. The fund is to be set up in the amount specified in Articles 6 and 7 that apply to claims in respect of which the person setting up the fund may be liable, plus interest from the time of the event giving rise to liability until the time of Establishment of the Fund. This fund is available to satisfy only those claims for which a limitation of liability can be asserted.
(2) A Fund may be set up either by depositing the amount or by providing security which is acceptable under the law of the Contracting Party in whose territory the Fund is established and which the court or other competent authority deems appropriate.
(3) A fund set up by any of the persons referred to in Article 9 paragraph 1 letters a, b or c or paragraph 3 or their insurer shall be deemed to have been established by all of the persons referred to in Article 9 paragraph 1 letters a, b or c or paragraph 3 named persons.

CLNI 2012

On September 27, 2012, a diplomatic conference convened by the Central Commission for Navigation on the Rhine (CCNR) to revise the Strasbourg Convention on Limitation of Liability in Inland Navigation (CLNI) adopted the 2012 Strasbourg Convention on Limitation of Liability in Inland Navigation (CLNI 2012) decided. The aim of these changes is to create more legal security in international shipping and at the same time to ensure that injured parties receive adequate compensation.

The CLNI 2012 will:

  • The scope of application of the liability limitation regulations, which today essentially only apply to ship traffic on the Rhine and its tributaries, extends to ship traffic on other major waterways, including in particular the Danube, Elbe, Oder and Save
  • the maximum liability amounts have been increased, thereby strengthening the protection of travelers, especially in passenger shipping.

The General Secretary of the CCNR was again appointed as the custodian of the CLNI 2012. The entry into force of the convention now depends on ratification by the candidate countries.

The CLNI 2012 is an independent agreement, which largely corresponds to the old CLNI.

  • on the history of the negotiations:
    • Cécile Tournaye, Revision of the CLNI , transpr 2009, 156
    • Markus Jaegers, Innovation in Liability and Compensation Regulations in Inland Shipping , p. 353 ff., In: Deutscher Verkehrsgerichtstag (Ed.), Proceedings on the 48th German Traffic Court Day , Cologne 2010, publisher: Luchterhand, ISBN 978-3-472-07849 -4

Individual evidence

  1. ↑ Status of the agreement with the list of acceding countries and the reservations made by these countries on the website of the "Central Commission for Navigation on the Rhine" - Status: 02/2011 ( PDF )
  2. ↑ Status of the agreement with the list of acceding countries and the reservations made by these countries on the website of the "Central Commission for Navigation on the Rhine" - Status: 02/2011 ( PDF )
  3. ↑ Quotation from the corresponding communication of the Central Commission for Navigation on the Rhine (CCNR) of September 27, 2012: Conclusion of the Strasbourg Convention of 2012 on the limitation of liability in inland navigation (CLNI 2012) [1] [2] (PDF; 132 kB)
  4. ↑ from Law of the Transport Industry (RdTW) 01/2013, III

literature

  • Martin Fischer, The Limitation of Liability between CMNI and CLNI and the Practical Significance of the IVTB and the Bratislava Agreement (BA). , transpr_2013_372 [3]
  • Cécile Tournaye, Revision of the CLNI , transpr 2009, 156 [magazine "Transportrecht"]
  • Cécile Tournaye, Adoption of the CLNI 2012. What has changed compared with CLNI 1988? , transpr 2013, 213 ( PDF, 1.5 MB )
  • Munich Commentary on HGB , Vol. 7 - Transport Law, 3rd edition, 10/2014, Beck-Verlag Munich [Note: with commentary on ADSp, CMR, MÜ, CMNI , COTIF and the new German sea trade law!]

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