Articles & analyses.
Specialist articles are being added in all portal languages.
Mag. Bernhard Brandauer, Austrian attorney-at-law
BRANDAUER Rechtsanwälte
Mag. Bernhard Brandauer assists with the legal assessment of transport contracts, cargo damage and freight claims.
CMR machinery transport: declared value or special interest in delivery?
Declared value or special interest under Articles 24 and 26 CMR: requirements, consignment note, surcharge and proof for machinery transport.
Foreign haulier transiting Austria: which authorisation must be carried?
Section 7 GütbefG sets out the authorisations foreign hauliers need for journeys to, through or from Austria. The undertaking, route and permit determine which basis applies.
Customs documents in rail freight: liability under Article 15 CIM
Who provides customs papers for international rail freight? Article 15 CIM sets out document duties, carrier checks and liability.
Domestic removal: the section 429 UGB care defence after loss or damage
Damage during an Austrian domestic removal: section 429 UGB, the care defence, the period from taking over to delivery and key evidence.
Consignment arrived: Delivery against cost security under Article 13 CMR
When may a consignee demand delivery under Article 13 CMR? This article explains payment, cost security and the consignee’s own rights after loss or failure to arrive.
Driver attestation for third-country drivers: documenting EU road haulage
Driver attestation for third-country drivers: who applies, how the original and certified copy are used and when the attestation must be returned.
Consignee before arrival: Protective measures and instructions to the carrier
What may a consignee do before the goods arrive? Section 434 permits necessary protective measures and instructions, but limits delivery before arrival.
CMR: Carrier liability for drivers and subcontractors under Article 3
Article 3 CMR explained: when is a carrier liable for drivers and other persons used for the carriage? Attribution, function and evidence.
CMR cargo loss: freight, customs duties and carriage costs
CMR cargo loss: recover freight, customs duties and other carriage costs alongside compensation for the goods, in full for total loss and proportionately for partial loss.
CIM rail carriage: How a written claim suspends limitation
CIM rail carriage and limitation: period, starting point, written claims under Article 43 CIM and suspension under Article 48 CIM.
Air cargo rerouting: The sender’s right of disposal
Can the sender stop, recall or redirect an international air shipment to another person? Article 12 of the Montreal Convention explained.
Air Cargo Damaged or Delayed: Send the Written Notice in Time
Air cargo damage or delay: Article 31, the 14-day and 21-day periods, written notice and the consequence of missing the period.
Transferring an Order Warehouse Receipt: Acquiring Rights to Goods Without Physical Delivery
Section 424 UGB: when delivery of an endorsable warehouse receipt allows rights in stored goods to be acquired without physical delivery.
CMR Clause Assigning Cargo Insurance Claims: Check Article 41
Review a CMR clause assigning cargo insurance claims: Article 41, invalidity, the remaining contract and burden-of-proof clauses.
CMR Carriage Contract with a Lump-Sum Price: Surcharges, Instructions and Billing
Lump-sum price in a CMR carriage contract: classify tolls, waiting time, detours, instructions and additional costs for billing.
CMR clause chooses foreign law: Convention priority and liability scope
Choice of law in international CMR carriage: mandatory Convention rules, Articles 3 and 25 Rome I, and liability scope for loss, damage and delay.
Missing sender weight details: costs and loss under Article 7 CMR
Missing or incorrect sender weight details: carrier costs and loss under Article 7 CMR, evidence and key distinctions.
Shipment found after loss compensation: return and repayment under the CMR
A CMR shipment found after loss compensation: written notice request, recovery notice, 30-day return period, consignment-note claims and repayment under Article 20 CMR.
CMR shipment loss after 30 days: loss presumption, delivery period and claim
CMR shipment loss after 30 days: loss presumption, agreed delivery period, 60 days without a period and next steps under Article 20 CMR.
CMR liability without a limit: wilful misconduct under Article 29
Article 29 CMR can remove liability limits. The key issues are qualified misconduct, the burden of proof and the complete transport file.
Dangerous-goods papers missing at inspection: stoppage, instructions and additional costs
Missing or conflicting dangerous-goods papers during an inspection: assess instructions, stoppage time, additional costs and responsibility under the CMR.
Post-transport toll demand: shipper liability and recourse
Post-transport toll demand: review the public demand, shipper liability, carriage contract and recourse under Austrian law.
CMR part load in groupage transport: quantity shortfall and damage calculation
Assess a CMR part load in groupage transport: establish a quantity shortfall, document handovers and calculate partial loss.
Empty Run After Failed Presentation: Payment and Cancellation
Empty run after failed presentation: review the contract, cancellation, payment, evidence and CMR distinction.
Cargo damage notice: receipt, content and evidential value under the CMR
CMR cargo damage notices: electronic receipt, required content, the seven-day period for hidden damage and evidential value explained.
Fixed-cost forwarding in road carriage: CMR liability and internal carrier recourse
Fixed-cost forwarding in international road carriage: section 413 UGB, CMR liability, subcontracted carriers and internal recourse.
CMR delivery deadline exceeded: delay damage and liability cap
CMR delivery deadline exceeded: how to assess delay, specific damage, carrier liability and the liability cap under Article 23(5) CMR.
Missed cash collection: compensation for the CMR cash on delivery amount
Cash on delivery not collected under Article 21 CMR: compensation, recourse against the consignee and key records.
Weighbridge ticket and axle load in cross-border road freight: wrong weight entry, overloading and additional costs
Wrong weight entry in a CMR consignment note: weighbridge ticket, axle load, overloading, sender responsibility under Article 7 CMR and key records.
Cargo theft at guarded parking: unavoidable circumstances under Article 17(2) CMR
Cargo theft at guarded parking under Article 17(2) CMR: assess unavoidable circumstances, reasonable custody care and the evidence.
Sender Packaging Duty under the CMR: Damage Caused by Defective Packing
Sender packaging duty under Article 10 CMR: liability for damage and expenses, reservations, evidence and the distinction from load securing.
Successive carriers under the CMR: recourse and proof
Successive carriers under the CMR: external liability, damage leg, recourse, evidence and limitation under Articles 34 to 40 CMR.
Pallet exchange in road carriage: agreement, return and replacement
Assess pallet exchange in road carriage: agreement, return, pallet sheets, missing load carriers and replacement claims.
Sender Loading in CMR Carriage: Securing, Instructions and Evidence
Who is liable after sender loading in a CMR carriage? Explaining load securing, warnings, instructions and evidence after transport damage.
Electronic CMR record: authenticity and change log in road carriage
e-CMR in road carriage: authentication, integrity, change log, access and evidentiary value under the Additional Protocol to the CMR.
Live animals under the CMR: special agreements and liability risks
Live animals under the CMR: scope, special agreements, the special risk under Article 17(4)(f) CMR and evidence after damage.
Sender’s right of disposal under the CMR: stop carriage or change the consignee
Sender’s right of disposal under Article 12 CMR: stop carriage, change the delivery place or name another consignee.
Jurisdiction in a CMR dispute: agreement, branch and place of delivery
Jurisdiction in a CMR dispute: Article 31 CMR, agreements, branches, takeover place, intended delivery place and parallel proceedings explained.
CMR limitation for cargo damage: one-year period, misconduct and starting point
CMR limitation for cargo damage: the one-year period, three years for wilful misconduct, starting points and written claims under Article 32 CMR.
CMR delivery obstacle: unloading, storing or selling the goods
CMR delivery obstacles under Articles 15 and 16: instructions, unloading, custody, costs and the sale of goods explained for carriers and senders.
Dangerous goods in CMR carriage misdeclared: carrier rights
Dangerous goods misdeclared in CMR carriage: the sender’s information duty and the carrier’s rights under Article 22 CMR.
Carrier lien: withholding goods for unpaid freight
Carrier lien under Section 440 UGB: when may a carrier withhold goods for unpaid freight and what applies after delivery?
Incoterms: recording transfer of risk in transport
Incoterms in transport: transfer of risk, named place, CMR carrier liability and evidence after cargo damage.
Cabotage: reviewing the transport order before departure
Review cabotage before departure: document the preceding international carriage, time periods, vehicle, unloadings and evidence in the transport order.
Consignee: acceptance and reservations on delivery
What consignees should check on delivery and how to record reservations and cargo damage under the CMR or Austrian law.
Freight claim: preparing invoices and records
Preparing a freight claim: match invoices, consignment notes, delivery and transport records for a review under Austrian and CMR law.
Border crossing: coordinating customs and freight documents
Border crossings in freight transport: coordinate customs procedures, CMR consignment notes and accompanying documents before departure.
Temperature-controlled goods: documenting cargo damage
Temperature-controlled goods arrived damaged? Preserve temperature data, handovers, packaging and reservations for the legal assessment.
Forwarding order: instructions and documentation
How to issue a forwarding order: instructions, the transport file, changes and the distinction between forwarder and carrier.
Delivery delay: informing customers correctly
Delivery delay in freight law: what customers need to know, how carriage obstacles are handled and what matters for liability and damages.
Cargo damage: preserving evidence
Cargo damage requires prompt documentation. Learn which reservations, photos, freight documents and notices consignors and consignees should preserve.
CMR consignment note: signature and reservations
How to use a CMR consignment note: carrier reservations, cargo damage at delivery, hidden damage and essential transport records.
Clarify a freight-law question
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000