Glosa do wyroku Sądu Najwyższego z dnia 27 sierpnia 2019 r., V CSK191/18 (glosa częściowo krytyczna)

In the judgment under review, the Polish Supreme Court considered, inter alia, the problem of distinguishing acontract of forwarding from acontract of carriage, as well as the determination of the currency of compensation payable by the forwarder and the carrier performing carriage to which the CMR Convention applies. The Polish Supreme Court held that the CMR Convention does not regulate the issue of the currency of compensation. On the other hand, in the case of compensation due from the freight forwarder, it is accepted that the currency of compensation is the currency of the contract. The latter two theses of the Polish Supreme Court must be criticised, although the in casu decision itself must be agreed with.