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Indemnification Of The Importer And Of The Owner Of The Goods

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Chapter Summary

Relevant authorities shall have the authority to order the applicant to pay the importer, the consignee and owner of the goods appropriate compensation for any injury caused to them through the wrongful detention of goods or through detention of goods released pursuant to Article 55. Art.56 regulates a claim for compensation against the applicant which is to be provided for under national law. A claim in accordance with Art.56 is only a possibility for proceedings initiated upon application and not for ex officio actions. Art. 56 corresponds to Art.48 and Art. 50.7 but extends the circle of beneficiaries beyond the importer to potential recipients and owners of goods. While other parties involved, such as carriers, suppliers, distributors and retailers, also may be considered as potential claimants, their possible claims are not covered by Art.56 and may at best arise out of general principles and provisions of the Members' legal systems.

Keywords: compensation; importer; indemnification; legal systems; national law; owner of the goods; wrongful detention

10.1163/ej.9789004145672.i-910.339
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