- Supreme Court of Lithuania
- UAB „Melesta“ v. Lex System GmbH
CONTRACT OF CARRIAGE OF GOODS - BETWEEN AN AUSTRIAN COMPANY AND A LITHUANIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (LITHUANIAN LAW)
DAMAGES - COVERING BOTH ACTUAL LOSS SUFFERED AND LOSS OF PROFIT - LIMITATION TO FORESEEABLE LOSS NOT VALID IN CASE OF GROSS NEGLIGENCE - REFERENCE TO ARTICLES 6.252, 6.258 OF THE LITHUANIAN CIVIL CODE AND TO ARTICLES 7.4.2. AND 7.4.4. OF UNIDROIT PRINCIPLES
The plaintiff, Lithuanian company, had entered into a contract for the transportation of goods with the defendant, Austrian company. When the defendant failed to perform its obligations under the contract, the plaintiff brought an action claiming damages covering both the actual loss and lost profit and the question arose of whether the amount of damages claimed by the plaintiff was justified.
In deciding in favor of the plaintiff, the Court stated that articles 7.4.2 and 7.4.4 of the UNIDROIT Principles do not set an exception for the rule that the non performing party is liable only for harm which it foresaw or could reasonably have foreseen. However, applying articles 6.249 and 6.258 of the Lithuanian Civil Code according to which the aggrieved party is entitled to compensation for any loss which it suffered and any gain of which it was deprived, the Court stated that in the case of gross negligence the non-performing party is liable also for the harm which it has not foreseen.