Shipping 2025

DENMARK Law and Practice Contributed by: Johannes Grove Nielsen and Camilla Søgaard Hudson, Bech-Bruun

667 SDR for each package, other shipping unit or 2 SDR per kilogram of gross weight of the goods lost, damaged or delayed (whichever is the higher). A carrier may not limit liability arising out of the carriage of goods by sea if it is proved that the loss resulted from an act or omission of the per - son done with the intent to cause that loss, or done recklessly and with knowledge that such a loss would probably result. 3.4 Misdeclaration of Cargo According to the Danish Merchant Shipping Act, dangerous goods must be marked or labelled as dangerous in a suitable manner. The ship - per must inform the carrier, and the sub-carrier to whom the goods are delivered, in good time of the dangerous character of the goods and, if necessary, state the precautions to be taken. In the event that the shipper is otherwise aware that the goods are of such a character that their carriage could cause danger or serious nuisance to persons, the vessel or other cargo, the ship - per must also provide information about this. If the goods are to be treated with special care, the shipper must inform the carrier accordingly in good time and state the measures that may be necessary. Where the shipper hands over dangerous goods to the carrier or a sub-carrier without informing them of the dangerous character of the goods and, if necessary, of the precautions to be taken, and if the recipient of the goods does not oth - erwise have knowledge of the dangerous char - acter, the shipper is liable towards the carrier and any sub-carrier for costs and any other loss resulting from the carriage of such goods. The carrier or sub-carrier may unload, render innocu - ous or destroy the goods, as the circumstances

may require, without any obligation to pay com - pensation. In a Supreme Court case from 1999, the Danish Supreme Court found that batteries, as well as battery waste, should be regarded as dangerous goods. Prior to loading, the carrier noticed a liq - uid running out of the cargo of waste batteries. The shipper informed the carrier that the liquid could be neutralised. In reliance on this informa - tion, the carrier loaded and transported the dan - gerous cargo of battery waste. During transport, the liquid from the battery waste caused signifi - cant damages to the ship. The Supreme Court held that the shipper was liable for the damages caused to the ship by the batteries. Moreover, in a decision from the Danish Mari - time and Commercial Court of 7 April 2012, it was established that the carrier must establish the cause of the damage. In that case, the ship - per and recipient of scrap metal that contained flammable liquids were not considered liable to the ship-owner. During loading, a cargo of scrap metal caught fire on board the ship and caused significant damage. The cause of the fire could not, however, be determined with certainty, and on this basis the Maritime and Commercial Court did not hold the shipper liable for damages. 3.5 Time Bar for Filing Claims for Damaged or Lost Cargo The time bar for filing a claim for damaged or lost cargo is one year, starting from the day of delivery or the day the goods should have been delivered, as per Section 501 of the Danish Mer - chant Shipping Act. For recourse claims related to damages or lost cargo, the time bar is one year from the time where the claim was paid or legal proceedings concerning the claim commenced.

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