“…o its conclusion. Such an approach was inconsistent with Owners of Cargo Lately Laden on Board the Ship Tatry v Owners of the Ship Maciej Rataj (Case C-406/92) [1999] QB 515, [1994] ECR I-5439, and the opinion of Advocate General Tesauro in that case at [28] that…”
“…urse available to defendants facing a potential claim. In Owners of cargo lately laden on board the Ship TATRY v Owners of the Ship MACIEJ RATAJ (Case C406/92) [1999] QB 515, the CJEU was concerned with claims arising out of the alleged contamination by diesel oil and other hydrocarbons of a bulk cargo of soya bean oil carried by t…”
“…In Owners of Cargo lately laden on board the ship Tatry v Owners of the ship Maciej Rataj [1999] QB 515 (“The Tatry”) the ECJ (as it then was) considered what was then Article 22(3) of the 1968 Brussels Convention as amended, which was in identical terms to Artic…”