A. THE CLAIMANT

40. Action against the carrier by the consignee: Article 13

Although Article 13.1 entitles the consignee to sue the carrier, Article 13 contains a particular rule aimed at a particular problem;1 and it is widely assumed both by courts and commentators 2 that the CMR contains no general or definitive rule governing the identity of the person or persons entitled to sue the carrier. Subject to Article 13, courts tend to apply the lex fori,3 and the identity of other persons entitled to sue the carrier, notably the sender, is considered below.4 The first sentence of Article 13.1 deals with the consignee’s right to delivery of the goods,5 and continues: