Facts
Company C. AG, as the seller, concluded a sales contract with company D. Co. in Iran for several machines intended for the processing of oilseeds. The transport of the sold goods from Switzerland to Iran was organized by the seller, but at the expense and risk of the buyer. The seller commissioned company [A. AG], as the carrier, to perform the transport. During the transport, an accident occurred in Bulgaria, damaging the machines. The buyer had the machines provisionally repaired and put them into service. The buyer's transport insurer, company B. Co., then claimed damages from company [A. AG] as the carrier. The buyer assigned to B. Co. all claims it had against [A. AG] due to the accident.Considerations
The Federal Court considered that the contract concluded between the seller and company [A. AG] was a contract of carriage subject to the Convention on the Contract for the International Carriage of Goods by Road (CMR). According to the CMR, the recipient, i.e. the buyer, was entitled to assert claims for damages against the carrier due to the damage to the goods. The assignment of these claims by the buyer to its transport insurer, company B. Co., was therefore valid under the provisions of the CMR.
The Federal Court rejected the arguments of company A.…