Brazilian Court Rules Overdue Container Clearance Incur Demurrage Fees

São Paulo State Private Law Court (TJSP) has ruled that maritime cargo brokerage companies must pay demurrage fees due to delays in container clearance. The $70.7 thousand amount will be converted to the national currency on the payment date.

In his ruling, Justice Roberto Mac Cracken stated that the interdependence between the parties is evident, and the Consumer Protection Code (CPC) cannot be applied. Thus, compensation for the contractual breach is appropriate since there was a delay in returning the container.

“The case discussed here is, respectfully, compensation to be paid by the charterer, shipper, or consignee of the cargo for contractual breach, to compensate the owner of the containers for any losses suffered due to the undue retention by the debtor, for a period longer than contracted, regardless of the debtor’s fault in the delay of the return, merely its occurrence, i.e., the delay,” he wrote.

Source: Valor Econômico

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