CMR shipment loss after 30 days: loss presumption, delivery period and claim

When an international shipment does not arrive, the person entitled to dispose of the goods may treat them as lost under Article 20 CMR once the applicable period has expired. If a delivery period was agreed, the relevant window is 30 days after that period ended. If no delivery period was agreed, 60 days from the carrier’s takeover of the goods apply.

The rule answers a specific question: when may the missing delivery be treated as a loss for the next stage of a claim review? The agreed delivery period or takeover date, the shipment concerned and the communications to date must be traceable.

This article deals exclusively with the loss presumption under Article 20 CMR and the consequences of goods being found after compensation has been paid. Ordinary delay, partial loss, liability limits and limitation periods are outside its scope.

Article 20(1) CMR gives the person entitled to dispose of the goods a specific way to classify the missing delivery. If the goods have not been delivered within the applicable period, that person may treat them as lost without further proof. This is a statutory basis for dealing with the non-delivery once the time requirement has been met.

The presumption presupposes carriage to which the CMR applies. The first review should therefore place the departure and destination, the carrier, the consignment note and the shipment in one file. The overview of the CMR and transport contract explains the framework for international road carriage.

Article 20 identifies when the goods may be treated as lost. It does not decide the carrier’s responsibility or the amount of compensation. Those questions require a separate assessment of the carriage and the applicable CMR provisions.

Where a delivery period was agreed, the relevant calculation follows its expiry. Article 20(1) CMR then requires a further 30 days without delivery. The 30 days therefore do not automatically run from dispatch or from the consignee’s first enquiry.

The delivery period should be supported by the carriage contract, order, confirmed transport instruction or an equivalent agreement. A non-binding request from the sender must be distinguished from a binding period. If documents contain several dates, identify which agreement governs the particular shipment.

Record the agreed period, the intended delivery place and the shipment number together. If the delivery date was later changed, preserve the reason and the parties’ agreement. This keeps clear which timeline is relevant under Article 20.

If no delivery period was agreed, Article 20(1) CMR refers to the carrier’s takeover of the goods. If the shipment was not delivered within 60 days after that date, the person entitled to dispose of it may treat it as lost.

The takeover date will often appear in the consignment note, a handover record or an electronic transport event. Where a subcontracted carrier collects the goods, the actual handover to the carrier responsible under the CMR carriage must be identified. A later transhipment or departure date cannot replace that point without review.

If documents show different takeover dates, record the discrepancy and examine how each document was created. The loss presumption should rest on a timeline whose starting point can be explained.

The timing review needs a short chronology supported by records. It should show the carriage order, the agreed delivery period or its absence, the takeover, the intended delivery place and the last reliable shipment status.

Add enquiries from the consignee, replies from the carrier, tracing requests, delivery records and any indication of rerouting. A status such as “out for delivery” does not by itself prove delivery. A general statement about delays also does not establish the position of the particular goods.

Assign every document to the shipment number, packages and companies involved. The guidance on freight claim invoices and records helps organise the documents needed for a claim file.

The loss presumption makes it easier to classify a shipment that was not delivered after the applicable window expired. The person entitled to dispose of the goods does not have to wait for further proof of their actual whereabouts before taking the next step in the claim review.

The remaining requirements for compensation still matter. They include entitlement, identification of the shipment, the alleged loss, the carriage contract and the question whether a circumstance giving rise to liability is present. Article 20 does not replace a valuation of the goods or preservation of the transport records.

The loss presumption should also be kept separate from the question whether the carrier delivered late, could not deliver or failed to deliver at all. That classification may matter for other legal consequences. The guidance on border, customs and freight documents addresses the documentary chain for cross-border shipments.

Article 20(2) CMR provides a specific option where the goods are found after compensation has been paid. When receiving compensation, the person entitled may request in writing to be notified immediately if the goods are found within one year after payment. The request must be confirmed in writing.

After such notification, the person entitled may demand delivery within 30 days. The claims arising from the consignment note must be satisfied and the compensation received must be repaid. Costs included in the compensation may be deducted from the repayment where Article 20(3) CMR allows this.

Keep the request and confirmation with the payment record and the notice of recovery. The 30-day period runs from receipt of that notice. The statutory text also preserves claims for delay damages under Articles 23 and, where relevant, 26 CMR.

Article 20(4) CMR identifies three situations in which the carrier may dispose of recovered goods under the law of the place where they are located. This applies if the written request for notification was not made, if the instruction under paragraph 3 was not given within 30 days, or if the goods were found more than one year after compensation was paid.

The claim file should therefore show whether the notification request was made and confirmed. If a recovery notice arrives, record its receipt date, the condition of the goods and the calculation of the 30-day period separately.

This rule addresses the handling of the goods after the specified omissions or time limit. It does not answer every question of ownership and does not replace a review of the law at the place where the goods are held. In a cross-border matter, identify that place precisely.

Prepare a date table for the shipment. Record the delivery period or takeover date, the end of the 30-day or 60-day window, the last shipment status and every communication with its date and supporting record.

Then identify the person entitled to dispose of the goods and the carriage contract. Record in writing that the shipment was not delivered after the relevant window and request the information needed for the next review. A clear assignment helps communication with the carrier and insurers involved.

If compensation has already been paid, check whether the written request for notification under Article 20(2) was made. If the goods are found, the 30-day period for the further demand starts when the notice is received. The complete transport file should be reviewed promptly where the dates or entitlement are disputed.

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