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See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
This law shall apply to a contract in consideration for the carriage of goods by a motor vehicle in Finland (domestic transport) Or between Finland and a foreign country, or between foreign countries, at least one of which is a Party to the Convention on the Agreement for the International Carriage of Goods (CMR; SopS 48-50/73) (International Transport) However, this law does not apply to international transport which, according to the principles of private international private law, must be governed by the law of another State which has acceded to the Convention.
In accordance with an agreement with a State which has not acceded to the Convention referred to in paragraph 1, the Regulation may provide that the carriage by a motor vehicle between Finland and this State shall not be subject to the provisions of this Act. Or that they are only applied in part.
The Regulation may provide that the carriage of goods by a motor vehicle on local border traffic between Finland and a foreign State with which it enjoys reciprocity, provided that it has been agreed, is wholly or partly equivalent to: Domestic transport.
This law shall not apply to the transport of burial or to the carriage of mail by mail and telegraph office.
Furthermore, the law does not apply to the carriage of motor vehicles for which an international convention on the carriage of goods by rail (CIM) or rail transport law is applicable. (1920/2000) . (15/122000/1120)
For the purposes of this Act, a motor vehicle means any vehicle or device intended to pass on its own resources.
What this law provides for a motor vehicle also applies to trailers and semi-trailers.
Where the motor vehicle is transported, the goods covered by the contract of carriage, without unloading, part of the journey on board, by rail or on the aircraft, shall also apply to this part of the journey. If, in the course of the transport of the goods, the goods are removed from the motor vehicle for the reason that the fulfilment of the contract as agreed with the motor vehicle has proved impossible, this law shall also apply.
Where it is shown that in the case of carriage of a motor vehicle and goods within the meaning of paragraph 1, another means of transport has disappeared, reduced or damaged or its supply has been delayed due to a condition which may arise Only in the circumstances of such transport and has not been due to the carrier, the liability shall, however, be determined in accordance with the provisions relating to the means of transport used, where such provisions cannot be derogated from in the contract for the benefit of the haulier.
In international transport, the condition of the transport contract which derogate from the provisions of this Act is null and void.
In the case of domestic transport, there can be no derogation from the provisions of this Act unless the exceptional nature of the goods or transport or other specific circumstances make it reasonable.
In international transport, the transport contract must be fixed by means of a transport document. The same applies to domestic transport, unless the consignor and the carrier do not agree that the consignment is not made, or if the transport of the waybill causes particular harm or is not the practice of the transport in question.
The contract shall be valid and shall be subject to the provisions of this Act, even though the consignment note has not been concluded or does not have any content.
If the goods are to be loaded into different motor vehicles or is a matter of different types or items, the consignor or the carrier may require a separate waybill for each vehicle load, for goods or for a consignment.
In the case of international carriage, the Freight Book must be made in triplicate, which is written by the consignor and by the carrier. The first paragraph shall be given to the sender ( The consignment), The other follows goods ( Recipient body ) And the third paragraph keeps the carrier.
In the case of domestic transport, the consignment note shall be carried out in several pieces at the request of the carrier or consignor. The cargo carrier will be signed by the cargo carrier.
In the Finnish freight book, signatures may also be printed or stamped. The signature of the other waybill shall be governed by the law of the country in which the waybill has been issued.
The consignment for domestic transport shall state:
(1) the name and address of the consignor;
2) the name and address of the carrier;
(3) place and date and place of destination for the carriage of goods;
4. Name and address of the consignee;
(5) the number of packages and their specific characters and numbers or the corresponding fiche;
(6) the total weight of the goods or the quantity expressed in any other way; and
(7) the generally accepted title of dangerous goods.
At the request of the consignor or of the carrier, the consignment note shall be entered in accordance with Article 9 (1) (l), (6), (9) and (10) or (2). The parties may include other information which they deem necessary in the waybill.
In the case of international carriage, the waybill must be:
(1) its place and time;
2) the name and address of the consignor;
3) the name and address of the carrier;
(4) place and date and place of destination for the carriage of goods;
(5) the name and address of the recipient;
(6) the commonly used name and packaging of the type of goods and the generally accepted title of dangerous goods;
(7) the number of packages and their specific characters and numbers;
(8) the total weight of the goods or any quantity expressed in any other way;
(9) transport costs, such as freight, surcharges and customs duties, as well as other costs arising from the conclusion of the contract and the delivery of the goods;
(10) instructions for customs and other formalities; and
(11) an indication that the carriage is subject to the Convention referred to in Article 1 (1) or the law thereof, even if otherwise agreed.
In addition, the Freight Book shall include, where appropriate:
(1) re-loading ban;
(2) the costs borne by the consignor to pay;
(3) the quantity of the ex-post requirement to be recovered;
(4) the value declared in accordance with Article 33 and the value declared in accordance with Article 35 (2) of the special benefit for its delivery;
(5) the instructions given by the consignor to the carrier;
(6) the time during which the transport was agreed to be completed; and
7) a list of documents issued to the carrier.
There are other information to be included in the consignment note.
The carrier shall be responsible for the conduct of his or her servants in carrying out their duties, such as their own actions and omissions.
The consignor shall be responsible for the costs and damage caused to the carrier in the consignment's consignment note or to the information or omission of the information or instructions given to it by the consignment.
If, at the request of the sender, the carrier has recorded the information or instruction referred to in paragraph 1, the carrier shall be deemed to have acted on behalf of the sender, unless otherwise displayed.
If the document referred to in Article 9 (1) (11) does not contain any indication as referred to in Article 9 (1), the carrier shall bear the costs and the damage resulting from it.
If the transport document is carried out, the carrier shall, when the carrier takes the goods, check the number, characters and numbers of packages in the consignment note. If he is not reasonably able to check this information, or if he suspects that the information provided in the transport document is not correct, he or she will have to make a reservation in this document and, at the same time, give its reasons.
The carrier shall also check the observable state of the goods and packaging and indicate the reservations it considers appropriate and their reasons for the transport document. If a transport document is not used for domestic transport, the carrier shall, subject to the circumstances, check the observable state of the goods and packaging and shall inform the consignor of the reservations he considers appropriate.
In domestic transport, the carrier shall not be obliged to check the contents of the trailer, semi-trailer, container or other transport container by the sender.
The consignor may require the carrier to check the total weight of the goods or the quantity otherwise expressed and the contents of the packages. The carrier shall be entitled to claim compensation for the costs of such an inspection. If the waybill is made, the result of the inspection shall be significant.
The waybill is, unless otherwise displayed, proof of the terms and conditions of the transport contract and the fact that the carrier has accepted the goods.
If the consignor is marked by a consignment note or, in the absence of a consignment note for domestic transport, by another specific explanation, the reservation referred to in Article 12 (1) or (2), shall be binding on him.
If the carrier has not made a reservation for the consignment and the reasons for it and the rest of the consignment are not shown, it is considered that the condition of the goods and packaging in the consignment was good. The number of packages and their marks and numbers are considered to be in accordance with the terms of the waybill. When the carrier without a consignment note is required to check the present state of the goods and packaging and has not prepared the reservation in the prescribed order, the product and the packaging Is deemed to have been a good condition, unless otherwise displayed.
In the case referred to in Article 12 (3), the waybill does not constitute the probative value referred to in paragraph 3 of this Article.
The consignor shall be obliged to compensate the carrier for the damage and costs which the defective packaging of the goods causes to the person, motor vehicle, equipment or other goods. However, there is no compensation obligation if the defect was externally detected or known by the haulier when he took the goods and did not make a reservation. However, a sender acting as a private person for domestic transport shall be liable only to the extent that it is due to his or her fault or omission.
If the sender gives goods of a dangerous nature for carriage, he shall carefully inform the carrier of the nature of the danger and, when necessary, the precautions to be taken. In the absence of such notification, the consignor or consignee shall otherwise ensure that the carrier is aware of the particular nature of the danger associated with the transport of the goods.
If the carrier has not known that the goods are of a dangerous nature, he may, without being liable for compensation, at any time and wherever the goods are landed, or, if reasonably, it cannot be assumed that the risk can be taken more easily by means of measures, Dispose of the goods or render it harmless. The consignor shall reimburse the carrier for the transport of dangerous goods and the costs and damage caused by the carriage. However, a sender acting as a private person for domestic transport shall be liable only to the extent that it is due to his or her fault or omission.
The consignor shall provide the carrier with the documents and provide him with the information necessary to comply with the customs and other official provisions to be completed before the goods are handed over to the recipient.
The consignor shall be liable to the carrier for any damage caused by the lack of a document or information referred to in paragraph 1, of a lack of information, of a defect or of a defect, if the damage was caused by the fault of the carrier or Neglect. The carrier shall not be obliged to examine whether the documents and declarations are correct and complete.
The carrier shall be responsible for the loss or loss of documents placed at the disposal of the carrier if he does not show that the damage was not due to his or her fault or omission. However, the carrier shall not be obliged to pay more than if the goods had disappeared.
The consignment shall, during transport, order the carriage of goods by giving instructions to the carrier for the suspension of the carriage, modification of the place of destination or the delivery of the goods to a recipient other than the previous one or other Instructions.
The right of the consignor to order the goods shall cease to be supplied by the consignee in accordance with Article 20 or in the case of international carriage when the consignee is supplied with the consignment note. The carrier shall then follow the instructions of the recipient.
However, the right to dispose of the goods shall be part of the consignee as from the date on which the consignment is entered in the consignment note.
Where the addressee has ordered the transfer of the goods to another, it shall not be entitled to designate another consigliant.
Anyone who has the right to dispose of the goods shall be obliged to pay the costs and damage resulting from compliance with the instructions given to the carrier.
The carrier shall not be obliged to comply with the instructions given in accordance with the right of order, if it is not possible to carry out this instruction in pursuit of the implementing measure, or if compliance with the instructions prevents the carrier from becoming a regular Or cause damage to another consignment of goods or to the consignee. The carrier shall immediately inform the instructor that he cannot comply with the instructions. In addition, the carrier is not obliged to comply with the instructions that would lead to the distribution of the consignment.
In the case of international transport, in the case referred to in Article 17 (3), the consignee who wishes to exercise his right to dispose of the goods shall indicate the instructions to the consignment of consignments and present this to the carrier.
If the carrier does not comply with the instructions to be complied with in accordance with Articles 17 and 18, or in the case of international carriage, comply with the instructions without calling for the consignment copy of the consignment note, he shall be liable for the damage caused.
When the goods have reached their destination, the consigner shall have the right to require the carrier to give him the goods and, in the case of international carriage, the receipt of the consignment note. In the case of domestic transport, the consignee shall be handed over to him a copy of the consignment note. If it is found that the goods have disappeared or if it has not been delivered within the period referred to in Article 27 (2), the consignee may submit to the carrier requirements based on the transport contract.
The consignee who exercises his right under paragraph 1 shall carry out the amounts payable under the contract of carriage. In the case of international carriage, the payment obligation includes the amount mentioned in the waybill. If a dispute arises as to which the consignee has to pay, the carrier shall not be obliged to surrender the goods unless the recipient sets the security.
If the goods are handed over to the consignee without waiving the claim for the carriage by the haulier in accordance with the contract of carriage of the haulier, the carrier shall reimburse the sender to the extent of the claim, but shall have the right to demand: The amount paid by the recipient.
If, prior to the arrival of the goods at the place of destination, it appears that the carrier is unable to comply with the contract in accordance with the waybill or, in the case of domestic transport, the carrier shall request instructions from the carrier which, according to Articles 17 and 18, The right to prescribe goods.
When circumstances allow transport to be carried out in a manner other than initially agreed and the carrier has not been able to obtain the instruction referred to in paragraph 1 within a reasonable time, he shall take the measures which he/she shall take. In its opinion, the best answer is to give a legitimate interest.
If there are obstacles to the delivery of the goods to the place of destination, the carrier shall request instructions from the sender. If the recipient of international transport refuses to accept the goods, the consignor shall be entitled to order it without presenting a consignment of consignments.
As long as the carrier has not received any other instructions from the consignor, the recipient may, even though he has refused to accept the goods, shall be required to surrender it.
Where there is an obstacle to the supply of the goods after the consigneation has been ordered by the consigner pursuant to Article 17 (3), the recipient shall be regarded as the consignor and the recipient of the goods in accordance with paragraphs 1 and 2. The recipient.
The carrier shall be entitled to compensation for the costs incurred in obtaining or complying with the instructions referred to in Article 22 or 23, if they are not caused by his or her fault or omission.
If during transport it is clear that it is impossible to carry out the transport, or where there is an obstacle to the delivery of the goods at the place of destination, the carrier may unload the goods on its behalf. The carriage shall be deemed to have been completed after the unloading, but the carrier shall retain the goods for the authorised account. He can, however, believe in the third person's care and will only be responsible for ensuring that this is properly selected. The goods may continue to be withheld as collateral for the amount of money to be paid in the international carriage according to the waybill and for domestic transport under the contract of carriage, as well as of other transport operations. Claims.
The carrier may, in the cases referred to in Articles 22 and 23, sell the goods without waiting for the instructions provided for in those paragraphs, if it is rapidly perishable or otherwise gives rise to a cause or the cost of the conservation of the goods Be reasonable in relation to its value. The carrier may, mutatis mutandis, sell the goods if the instruction he receives is such that he cannot be considered to be obliged to observe it and, within a reasonable time, he has not received any other guidance.
The sale of the goods in Finland shall be carried out in a manner which secures public auction or other legitimate interests. If possible, the carrier shall, in good time, inform the legitimate holder of the time and place of sale. The sale of goods outside Finland shall be carried out in accordance with the provisions of the country where the goods are located.
Once the goods have been sold, the purchase price must be delivered to the right after deduction of the burden and the cost of the sale. If these costs exceed the purchase price, the carrier shall be entitled to compensation for the missing amount.
The carrier shall be responsible for the loss, reduction or damage to the goods between removal and disposal. He shall also be responsible for the damage caused by the delay in delivery of the goods.
The supply of goods has been delayed if the goods have not been released within the agreed time. If a special time has not been agreed for the delivery of the goods, the supply has been delayed when the actual journey time exceeds the time the maintenance of which is reasonably required by the carrier in the circumstances. When it comes to the subload, it is necessary, in particular, to take into account the time normally required to assemble a full load.
The carrier does not have any responsibility within the meaning of Article 27, if it appears that the loss, reduction, damage or delay in the delivery of the goods has been due to a defect or negligence on the part of the consignor or of the consignee, otherwise than The instructions given by the carrier in the event of failure or negligence, the lack of quality of the goods or the condition that the carrier could not have avoided and whose consequences he could not prevent.
The carrier shall not be liable for the failure of the motor vehicle used for the carriage or for the defect or omission of the person who gave the motor vehicle or the person employed by the motor vehicle.
In addition, the carrier has no liability within the meaning of Article 27 if the loss, reduction or damage is due to a particular risk arising from one or more of the following:
(1) use of an open motor vehicle without a cover when the use of a vehicle has been specifically agreed and marked in the consignment note or, in the case of domestic transport, when approved by the consignor;
(2) the missing or incomplete packaging of goods which, on behalf of their quality, are unpacked or insufficiently packaged or damaged;
(3) handling, loading, loading or unloading of goods by sender or consignee or by any other person acting on their behalf;
(4) special susceptibility to disappearances, reduction or damage to certain categories of goods, in particular as a result of the break-up, corrosion, corruption, dehydration, leakage, normal loss of life or pests or rodents;
(5) incomplete or incorrect marking or numbering of the goods; or
6) transport of live animals.
If the carrier shows that the loss, reduction or damage to the environment could have been caused by the danger referred to in paragraph 1, the injury shall be presumed to have been caused, unless otherwise displayed. However, this does not apply to the case referred to in paragraph 1, paragraph 1, where there is an abnormally high reduction or disappearance of the whole package.
Where transport is carried out on a motor vehicle equipped with special equipment for the protection of goods from the effects of heat, cold, heat fluctuations or humidity, the carrier may, in order to be free, plead paragraph 1 (4) The provision of the clause only if he appears to have taken all the measures required for him in the selection, maintenance and use of such equipment and that he has followed all the specific instructions received.
The carrier may, in order to be released from liability, invoke paragraph 1 (6) only if he appears to have taken all the measures normally required to him, and that he has followed all the specific instructions he has received.
In the event of a loss, reduction, damage to or delay in the supply of goods, a number of reasons have been affected, some of which, according to Articles 28 or 29, fall outside the liability of the carrier, in so far as the reasons for his responsibility Have contributed to the loss, reduction, damage or delay in delivery of the goods.
If the goods have not been released for international carriage within 30 days of the end of the delivery period agreed within the fourth day of transport, or, unless specific time has been agreed, for international carriage In the case of domestic transport, within twenty or eight days after the carrier took the goods to be transported, the person entitled to claim the goods may claim compensation as if the goods were lost.
In the case of international transport, the person entitled to compensation for lost goods may receive compensation in writing, in writing, to require him immediately to be informed if the goods are found. The carrier shall confirm in writing that such a requirement has been made. In the case of domestic transport, the fact that the goods are found shall be indicated, unless they have accepted in writing, in writing, that the declaration is not made.
Compensation for compensation may, within thirty days after notification, require the goods to be supplied to him if he or she carries out the quantities which, according to the waybill and in the case of domestic transport, are covered by the transport contract. Is to be carried out and, in addition, to pay back the compensation which they have raised, reducing the costs included. However, he maintains his right to compensation for the delay in delivery.
If, pursuant to Article 2 (2), the carrier is not obliged to indicate the presence of the goods or the requirement referred to in paragraph 3 for the delivery of the goods in the period specified therein, the carrier shall, if the goods are in Finland, have the right to: Be subject to any limitation in respect of the third party. The goods outside Finland are governed by the law of the State where the goods are.
Compensation for loss or reduction of the goods shall be calculated on the basis of the value of the goods to be taken at the place where it was taken for carriage. The value is calculated on the basis of fair value. However, if the goods have a stock price or market price, the value of the goods shall be calculated accordingly.
In domestic transport, the liability of the carrier is limited to eur 20 per kilogram of the total weight of the goods. The maximum level of liability can be adjusted by the Government Decree to reflect the change in the value of money. (15/122000/1120)
In the case of international transport, the compensation shall not exceed 8,33 special drawing rights as defined by the International Monetary Fund per kilogram of the total weight of the goods. If the compensation is fixed in another currency, the conversion into this currency shall be determined by the official rate of the date on which the compensation is fixed. (15/122000/1120)
In addition, there is cargo, customs duties and other charges relating to the transport of goods. They must be replaced in full if the goods have disappeared. Otherwise, they shall be replaced by a part corresponding to the reduction of the goods.
If the consignsignor has indicated the value of the goods under Article 32 (2) or 32 (3) in the consignment note, the value of the additional payment which has been paid shall be the value indicated in the waybill instead of the value calculated.
If the goods have been damaged, the carrier shall reimburse the depreciation calculated on the basis of the value determined in accordance with Article 32 (1) and (4).
However, the compensation shall not exceed the amount which had to be carried out if the entire consignment or, when only a part of the consignment was reduced due to damage, this part of the consignment would have disappeared.
The carrier shall compensate for the damage caused by the delay in the delivery of the delivery, but not more than the amount corresponding to the freight.
By carrying out an agreed additional payment, the consignsignor may indicate the amount of cash corresponding to the particular benefit to the correct delivery of the goods in the event that the goods are lost, reduced, damaged or agreed upon. If the specific benefit of the delivery is thus notified, Articles 32 to 34 and the compensation provided for in Article 35 (1) may, in addition to the compensation provided for in Article 35 (1), be reimbursed up to the amount declared.
In the case of domestic transport, entitlement to compensation may be required for legal interest and for international carriage at a rate of 5 % per annum, calculated from the date on which the written claim was sent To the carrier or, failing that, from the date on which the application was brought.
If compensation is required in the form of money which is not valid in the country where the payment is made, the amount to be paid shall be converted into the currency of the country according to the value of the day of payment.
The provisions of this Act concerning the liability of the carrier or its limitation or the amount of compensation shall be applied whenever the carrier or someone who is responsible for the procedure pursuant to Article 10 is required to pay compensation for the loss of the goods; Reduction, damage or delay in delivery, even if the action is not based on the transport contract.
In addition, the liability for damages for the carrier and his assistant must be complied with in accordance with the law on damages. (412/74) Is provided for.
If the carrier has been responsible for the intentional or serious negligence of the carrier, he shall not be able to rely on the provisions of this Chapter which release him from liability or limit liability or pass on the obligation of proof to another.
Paragraph 1 shall also apply where intentional or serious negligence has been committed by someone who, according to Article 10 of the carrier, is responsible for the conduct of the carrier. The person from whom the carrier is responsible cannot, in order to limit his personal liability, invoke the provisions referred to in paragraph 1.
Where, in the case of domestic transport, a consignor or, unless such transport is not a professional carriage of goods, the carrier has been liable for damages under this law, the compensation may be settled if it is considered unduly Or, if the amount of the damage, the insurance and the possibilities of insurance, and other circumstances, or for a particular reason, consider it reasonable for the victim to have a total or partial loss of damage. However, full compensation shall be paid for intentional damage, unless, in particular, consideration is given to a reasonable reduction in compensation.
The provisions laid down in paragraph 1 shall apply mutatis mutandis where compensation is required from someone who is responsible for the procedure or the carrier.
Paragraph 1 has been repealed by L 25.2.1983/208 .
If, in the case of international carriage, the consignee takes the goods without checking with the carrier, and without presenting a reminder of the quality of the loss or damage to the carrier, it shall be considered, unless otherwise: Show that the goods were in the condition indicated by the waybill when the recipient took it. If the reduction or damage is externally detectable, a reminder shall be made by the consignee no later than the delivery of the goods. In other cases, the reminder shall be presented within seven days, except for Sunday and Sunday. If the reduction or damage is not externally noticeable, the reminder shall be made in writing.
Where, in an international transport, the consigliant and the carrier have jointly checked the holding of the goods, the evidence against the observed inspection may be presented only if the reduction or damage was not externally detectable and The consignee has sent a written reminder to the carrier within seven days of the inspection, except for Sunday and Sunday.
In international carriage, compensation for the delay in donation shall be made only if the consignee has made a written reminder to the carrier within a period of twenty days from the date on which the goods were placed in the consignee. To be determined.
For the purposes of calculating the time limits referred to in this Article, the date of delivery of the goods shall not be counted or the date on which the inspection was carried out or the goods were placed on the addressee.
The carrier and the consignee shall, according to the fairness, assist each other in carrying out the necessary investigations.
In the case of domestic transport, a reminder of a reduction or damage to the carrier shall be made to the carrier when the goods are received, if the reduction or damage was externally noticeable, and, failing that, in writing seven Within a day of receipt or of an inspection of the condition of the goods, carried out jointly by the carrier and the consiglius. Sundays and holidays are not taken into account when calculating the deadline. The delay in the supply of goods shall be made in writing within a period of twenty-one days from the date on which the goods were made available to the recipient.
If the recipient is a consumer protection law (38/78) Chapter 1, Article 4 , the reminder shall be made within a reasonable time of receipt of the goods.
If a reminder as referred to in this paragraph is neglected, if the carrier or the carrier is not responsible for the procedure for which he or she is responsible, the blame shall be attributed to intent or gross negligence.
As regards the calculation of time limits and the submission of necessary investigations, the provisions of Article 40 (4) and (5) shall apply mutatis mutandis.
An action for transport within the meaning of this Act must be instituted within one year or, if the action is motivated by intent or gross negligence, within three years. This period shall begin:
(1) when the goods have been reduced or damaged or their supply is delayed, on the date of delivery of the goods;
(2) when the goods have disappeared, thirty days after the date of delivery, or when no special delivery date has been agreed, sixty days after the carrier took the goods for transport; and
3) in another case, three months after the conclusion of the contract
In the case of international carriage, the written request to suspend the limitation period until the date on which the carrier rejects the request in writing and returns the attached documents. If the claim is partially granted, the limitation period for the period of limitation shall continue in the event of a dispute. The obligation to display the claim or the answer to it or the return of the document shall be the one invoking it. The reintroduction of the same requirement does not interrupt the limitation period.
If an action is brought before a Finnish court, the provisions relating to the interruption and extension of the limitation period of Finnish law must otherwise apply. Otherwise, the law of the country in which the application was brought shall apply.
The elderly shall not be able to enter into force with counter-actions or requirements.
An action for international transport may be investigated only on the basis of an agreement concluded by the parties in the State which acceded to the Convention referred to in Article 1 (1), or in a State where:
(1) the domicile or head office of the defendant;
(2) the defendant's branch or office through which the contract of carriage has been concluded is situated;
(3) the goods were taken for carriage; or
4) the destination is.
In Finland, an action for transport within the meaning of this Act may, in addition to the rest of the law, examine the place of destination in the district court or the district court of the place where the goods were taken for carriage. In the absence of any other competent court, the action may be investigated in the Helsinki District Court.
If the action referred to in Article 42 (1) is pending before a court or tribunal of a competent court or tribunal, no new action may be brought before the same parties, if the Court of Justice The decision to initiate proceedings may be implemented in Finland.
Where the judgment of a foreign State referred to in Article 1 (1) to the Convention referred to in paragraph 1 of this Article has become enforceable in that State, the judgment may, even if it has been awarded to a party Not to enter into force in Finland on an application made in accordance with the order set out below. What is provided for here relates to a settlement established by the Court of Justice, but does not apply to a judgment which is only temporarily enforceable, and not a solution which, for that reason, is wholly or partly unsuccessful In addition to the costs of the proceedings, an obligation to pay compensation.
Enforcement is sought from the Court of Helsinki. The application shall be accompanied by:
(1) the judgment in the original form or as a certified copy by the authority;
(2) the certificate issued by the relevant authority of the State in which the judgment is given, the fact that the judgment refers to the dispute relating to the carriage under the Convention referred to in Article 1 (1), and that the judgment has obtained the law and can be enforced; In that State.
The documents mentioned shall be marked or accompanied by a certificate of the validity of the issuing authority. The certificate shall be issued by the Finnish Embassy or by the consul of the Ministry of Justice of the State in which the judgment is given. If any of the documents is non-Finnish, Norwegian, Swedish, Swedish or Danish, the document shall be accompanied by a Finnish or Swedish translation. The translation must be certified by a diplomatic or consular authority or by a Finnish language translator.
The application for implementation cannot be granted until the opposing party has had the opportunity to give its opinion on the application.
If the application is granted, the judgment shall be carried out in accordance with the judgment of the Court of Justice of the Court of Justice, unless the Supreme Court, in the light of the appeal against the decision of the Court of Appeal, is otherwise determined.
The condition that disputes must be settled between arbitrators may be included in the agreement on international transport only if it is stipulated that the arbitrators shall apply the Convention or the law referred to in Article 1 (1).
If a number of shippers in succession carry out a transport operation on the basis of a contract of carriage established in a number of copies of each consignment followed by the recipient, each of them shall be responsible for the whole Transport. The second and the next freight carrier shall become party to the transport contract under the terms indicated in the waybill when accepting the goods and the waybill.
The carrier who receives the goods from the previous carrier shall issue the dated and signed receipt and the name and address of the carrier in the consignment of the consignment. If there is a reason to make a reservation under Article 12 (1) and (2), he shall make a significant reservation in the words of the note and the receipt. The provisions of Article 13 shall apply to the exposures to carriers.
In the case of domestic transport, the provisions of paragraph 1 shall apply only if required by the carrier.
An action against liability for loss, reduction, damage or delay in delivery may be brought only against the first or the last carrier, or against the carrier by which: During the transport part, the loss, reduction, damage or incident caused by the delay in the delivery occurred. At the same time, the action may be directed at several of the said carriers.
However, the provisions of paragraph 1 shall not apply to a counterclaim or to an acknowledgement of receipt based on the same transport contract.
The carrier, who carried out the compensation under this Act, may apply to the hauliers involved in the transport, with interest and expenses, with interest and expenses, as follows:
(1) if the carrier alone has caused the damage, he shall be responsible for the compensation;
(2) where a number of carriers have caused the damage, each of them shall pay the amount of compensation in accordance with their respective responsibilities or, unless their mutual responsibility can be ascertained, in proportion to the contribution they receive; and
(3) unless it can be ascertained which hauliers are liable for the damage, the liability shall be divided between hauliers in proportion to their contribution.
If any of the hauliers are insolvent, the amount outstanding shall be distributed among other carriers in proportion to the contribution they receive.
Carriers may derogate from the provisions of paragraphs 1 and 2.
The carrier, which is subject to a requirement in accordance with Article 48, cannot rely on the fact that the carrier who submitted the claim was not obliged to pay the compensation he paid, if the amount of the compensation has been confirmed by the court or tribunal The appropriate information on the trial and the opportunity to participate.
In the case of international carriage, a claim under Article 48 may be brought before the relevant court of the State in which any of the hauliers in which the action is directed is domicile, head office or The branch or office through which the contract of carriage has been concluded. The action against all of these can be raised in the same trial. Accordingly, the provisions of Article 42 shall apply accordingly.
Similarly, the retroactive actions between carriers shall be subject to the provisions laid down in Article 41 and Article 43 (2) to (6). The period of limitation shall be counted as starting from the date on which the decision on compensation is given by the law, or when such a solution has not been given, from the date on which the payment was made.
Nuclear damage shall be in force, as provided for in the Atomic Energy Act (484/72) .
This Act shall enter into force on 1 June 1979 and shall apply to the transport contracts concluded thereafter. However, the law shall not apply to the agreement of 1 June 1980 on the carriage of raw wood, firewood, oxygen, peat, soil, household waste or snow, or the carriage of goods by a tractor that its owner needs For agricultural purposes.
This law repeals the adoption of certain provisions of the Convention of 19 May 1956 on the Convention for the International Carriage of Goods in Geneva and the Law on the Application of the Convention (267/73) § 2-9
This Act shall enter into force on 1 April 1983.
The law applies to movements which have started after the entry into force of this law.
HE 248/82 LiV.miet. 7/82, svk.M. 267/82
This Act shall enter into force on 1 June 2001.
Article 32 (2) of this Law shall apply to the contract concluded after its entry into force.
THEY 81/2000 , LaVM 9/2000, EV 159/2000
