Question juridique clé
Whether the insurer/shipper had standing to sue the air carrier for loss of cargo under the Warsaw system.
Solution extraite
The sender's standing was affirmed by giving precedence to the Warsaw Convention over restrictive domestic rules.
Motifs extraits
Art. 18 WA does not regulate standing; although Swiss domestic law would restrict standing to the person entitled to dispose of the goods, the Convention prevails. By analogy to Art. 30(3) WA, the sender remains entitled to claim damages.