1- The sender has the right to dispose of the goods in transit, in particular by asking the carrier
to stop the goods in transit, to change the place at which delivery is to take place or to deliver
the goods to a consignee other than the consignee indicated in the consignment note.
2- The consignee shall, however, have the right of disposal from the time when the consignment
note is drawn up, if the sender makes an entry to that effect in the consignment note.
3- The exercise of the right of disposal shall be subject to the following conditions:
a) that the sender or, in the case referred to in paragraph 2 of this article , the consignee who
wishes to exercise this right produces the original copy of the consignment note on which
the new instructions to the carrier have been entered and indemnifies the carrier against
all expenses, loss and damage involved in carrying out such instructions;
b) that the carrying out of such instructions is possible at the time when the instructions reach
the person who is to carry them out and does not either interfere with the normal working
of the carrier’s undertaking or prejudice the senders or consignees of other consignments;
c) that the instructions do not result in a division of the consignment.
4- When, by reason of the provisions of paragraph 3 b) of this article , the carrier cannot carry
out the instructions which he receives, he shall immediately notify the person who gave him
such instructions.
5- A carrier who has not carried out the instructions given under the conditions provided for in
this article or who has carried them out without requiring the original copy of the consignment
note to be produced, shall be liable to the person entitled to make a claim for any loss or
damage caused thereby.
Inability to carry and deliver the goods
Official translation
Spot-checked
In force from 22 March 2003
Source page 11