Judgment of the Supreme Court of the Czech Republic (Nejvyšší soud České republiky), File No. 32 Cdo 1658/2009 of 20 April 2010

Rationes Decidendi:

Liability for damage to a consignment assumed by the carrier in the international carriage of goods by road is subject to comprehensive (exclusive) regulation under Article 17 et seq. of the CMR Convention, which takes precedence over any legal regulation incorporated in the Commercial Code; therefore, it cannot be supplemented or restricted by the application of national laws.
Liability for the loss of the consignment in the international carriage of goods by road is incurred as soon as the consignment is lost, as opposed to the general liability for damage, which requires that the entitled person suffers damage to his or her property. If the CMR Convention does not stipulate that the carrier’s liability for damage to the consignment is conditional upon the entitled person (sender or consignee) suffering some harm, the occurrence of such harm cannot be construed as another condition for the carrier’s liability under national laws.