Legal Framework
What type of transport is primarily covered by the CMR?
Cross-border transport of goods by road
Who must package the goods against normal transport hazards?
The consignor / shipper
Name two examples of loading aids.
Pallets, box pallets and load-carrier frames.
Can contractual penalties agreed between a buyer and seller automatically be passed on to the carrier?
No, because a contract cannot impose obligations on a third party.
What does a clean proof of delivery initially indicate?
That the shipment was delivered in proper condition.
Are CMR conditions optional for cross-border road transport?
No, they are mandatory
What must the carrier do when transport cannot be completed as ordered or delivery is obstructed?
The carrier must obtain instructions.
What does “gross weight” include?
The net weight of the goods plus the tare weight of their packaging.
What is the standard CMR liability limit for loss or damage?
8.33 SDR per kilogram of the gross weight of the lost or damaged goods.
Is the remark “subject to reservation” sufficient to document damage?
No, it is generally treated as a clean receipt.
Who is liable for damage caused by defective or missing transport documents?
The consignor
When may costs caused by a transport or delivery obstacle be charged to the client?
When the carrier is not responsible and the costs are documented.
Is the value of a one-way loading aid reimbursed if the shipment reaches its destination?
No
What is the maximum liability for exceeding the delivery time?
One freight charge, provided that the claimant proves the loss.
Give one example of evidence that may challenge a clean proof of delivery.
A photo showing the damaged shipment on the delivery vehicle. Affidavit consignee.
How can the standard CMR liability limit be increased under Articles 24 and 26?
By declaring a higher value or a special interest and paying the applicable fee.
On whose behalf does a driver act when loading without an instruction from the carrier?
As a vicarious agent of the consignor or consignee, unless the driver acts on their own authority.
How should an exchangeable loading aid be treated when calculating compensation?
Its weight may be considered, but not its value, because an undamaged loading aid was supplied in exchange.
Are damage assessment costs generally reimbursable under CMR?
No. However, assessment costs may form part of a repair claim for repairable items.
When must externally visible damage be reported?
At the time of delivery.
What does “forum shopping” mean in a CMR dispute?
The claimant selects the permitted jurisdiction considered most favourable
When is a vehicle considered an open vehicle?
When it is not completely closed on all sides, including a protruding load without a closed rear.
When is the weight of a loading aid included in the loss or damage weight?
When both the goods and the loading aid are lost, or when all the goods and the loading aid are damaged.
How is the value of the goods at takeover normally calculated?
Commercial invoice value minus any shipping costs included in the invoice.
Within what period must a claim for delivery delay be submitted?
Within 21 days after delivery, in writing