Freight law
CMR and consignment note

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.

BRANDAUER Rechtsanwälte
Contact person

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.

19 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law

A missing or incorrect weight entry in a CMR consignment note can expose the sender to a claim for costs and loss. Article 7 CMR covers costs and damage suffered by the carrier because the sender supplied incorrect or incomplete particulars or instructions. The review therefore has to connect the consignment note, the order, the source of the weight and the actual course of carriage.

The title uses the weight entry as a common practical starting point. The rule is wider. It also covers the description of the goods, further consignment-note particulars and other instructions for issuing or completing the document. A claim must be assessed on the facts. The particular, the claimed item and the link between them must remain identifiable.

This article explains Article 7 CMR from the perspective of sender and carrier. It focuses on the particulars covered, entries made by the carrier at the sender’s request, evidence of costs and damage, and the distinction between sender information and the carrier’s own omission. The article on CMR consignment notes, signatures and reservations addresses checks and reservations at takeover and delivery.

Quick check

Which particular should be checked under Article 7 CMR?

Identify whether the issue concerns weight, goods particulars or a special sender instruction.

01 Question 1

Which particular or instruction is in dispute?

The consignment note, the order and the information actually provided must be considered together.

Result

Your orientation

01

The weight source, shipment and specific cost consequence must be connected.

Preserve the consignment note, weighing record, packing list and order in the versions used. Record who determined or supplied the weight and which costs or loss the carrier attributes to the discrepancy.

02

The entry must correspond with the goods, packaging and packages handed over.

Compare the consignment note, order, packing list and handover record. Record which information was missing or wrong and whether the carrier could identify the discrepancy at takeover.

03

A special instruction requires clear content and traceable transmission.

Match the instruction to the sender, the order and the particular consignment note. Preserve messages, amendments and the version actually used by the carrier.

Which particulars Article 7 CMR covers

Article 7 paragraph 1 CMR makes the sender responsible for costs and damage suffered by the carrier because particulars are incorrect or incomplete. The provision first refers to specified particulars from Article 6 paragraphs 1 and 2. In everyday carriage cases, these include the description of the goods and packaging, the number and marks or numbers of packages, and the gross weight or another quantity.

The rule also covers all other particulars or instructions given by the sender for issuing the consignment note or entering information in it. A special instruction can therefore matter even when it does not fit one standard line of the document. The sender must be identifiable, and the specific consequence for the carrier must be traceable to the particular or instruction.

Article 7 is a rule about responsibility for consignment-note information. It does not decide every issue concerning packaging, loading, delivery or the carrier’s general liability. Those questions require their own assessment of the transport facts.

Matching the weight and quantity to the shipment

The gross weight or another quantity should be capable of being matched to the particular shipment. A weighing record, packing list or internal goods statement can be important evidence. It does not by itself establish who is responsible. The review must also identify who created, checked, transmitted or entered the information.

Several lots, vehicles or weighing events can produce different figures. The transport file should therefore show when and where the goods were weighed, which shipment was covered and which version the carrier had at takeover. A later correction should not obscure the original information.

A discrepancy also does not create an automatic claim for any amount. The carrier should connect the claimed cost or loss with the transport. Re-loading, an additional journey or a documented inspection consequence must be assessed differently from a difference between two records that had no practical effect.

Checking goods descriptions and packages

Article 6 paragraph 1(f) to (h) CMR refers to the usual description of the goods and packaging, the number and marks or numbers of packages, and the gross weight or another quantity. If such information is missing or does not correspond with the goods handed over, Article 7 becomes relevant to the further assessment.

The description should make the particular carriage understandable. In a dispute, it should therefore be clear what goods were actually taken over, how they were packaged and which packages the carrier received. Photographs, packing lists, marks and handover records can connect the entry with the actual condition.

The consignment note has to be distinguished from an independent factual review. An incomplete description can make matching the goods more difficult. It does not by itself establish that every later discrepancy is attributable to the sender. The time of knowledge, the carrier’s ability to check and the actual consequence must be considered separately.

When the carrier enters the particular

If the sender asks the carrier to enter a particular covered by Article 7 paragraph 1 in the consignment note, Article 7 paragraph 2 provides a rebuttable presumption that the carrier acted on the sender’s behalf. The rule turns on the sender’s request and the specific entry.

The file should therefore show who supplied the information, how it was supplied and whether the carrier entered it at the sender’s express request. An entry made by the carrier and information prescribed by the sender can serve different evidentiary functions in the case.

The presumption does not replace an examination of the content. The relevant questions remain which particular was wrong or incomplete and which cost or loss is said to have resulted. A copy of the consignment note may not show when or on what basis the entry was made.

Connecting costs and loss to the carriage

Article 7 refers to costs and damage suffered by the carrier. In practice, each item needs a traceable connection between the defective or missing information and the actual expense. The carrier should therefore separate the reason, time, measure and amount.

Depending on the facts, this may involve re-loading, an additional journey, storage or a clarification triggered by an authority. Whether a position can be recovered depends on its cause, the order and the available evidence. A flat surcharge does not explain causation by itself.

A loss also needs a clear connection. An alleged interruption, loss or further demand should be matched to the shipment and the relevant period. The transport file should distinguish the original particular, the discovery, the response and the resulting calculation.

The separate rule for a missing mandatory entry

Article 7 paragraph 3 CMR addresses a different situation. If the consignment note does not contain the particular referred to in Article 6 paragraph 1(k), the carrier is liable for costs and damage suffered by the person entitled to dispose of the goods as a result of that omission. This is a missing mandatory entry in the document, not an incorrect sender weight.

Article 6 paragraph 1(k) requires a statement that the carriage is subject to the CMR Convention despite any agreement to the contrary. The specific consignment-note version should therefore be preserved first. The review can then identify what is missing and what concrete disadvantage the entitled person suffered.

The two groups of cases must be kept apart. Paragraph 1 concerns incorrect or incomplete sender particulars and instructions. Paragraph 3 concerns the carrier’s omission of a specified consignment-note entry. The direction of responsibility and the evidence required are different.

Keeping roles and the evidence chain separate

The person who enters a figure into a system is not automatically the sender under the contract of carriage. The contract, authority, order and actual communication have to be considered together. This matters especially where a freight forwarder, dispatcher or employee is involved.

Create a timeline covering the order, transmission of the particulars, issue of the consignment note, takeover, checks, corrections and alleged cost consequence. Match each item to a document version and a person. This helps distinguish information that was wrong from the beginning, information changed later and information entered incorrectly by the carrier.

The article on the sender’s right of disposal under the CMR addresses instructions to stop carriage or change the consignee. Those issues can affect the sequence of events, but they do not replace the review of whether a consignment-note particular was correct.

Common errors under Article 7 CMR

Stating only the difference: A discrepancy in weight or description does not show which concrete cost or loss resulted.

Equating the data-entry person with the sender: Contractual role, internal task and authority are separate questions.

Ignoring the carrier’s entry: Where the carrier entered the information at the sender’s request, the communication matters.

Submitting a flat invoice: Costs should be connected to the measure, period and shipment.

Mixing paragraphs 1 and 3: Incorrect sender information and a carrier’s missing mandatory entry are different cases.

Which documents should be preserved now

Preserve the complete CMR consignment note with every page and entry. Add the order, packing list, weighing records, goods description, photographs, handover record, e-mails and messages concerning the information or any amendment. Keep original files with their timestamps.

Then prepare a short cost and event timeline. Record when the discrepancy became known, what measure the carrier took, how long it lasted and which invoice or loss item is claimed as a result.

If the carrier demands costs or the sender faces a substantial claim, the complete transport file should be reviewed by a lawyer. The CMR liability check offers initial orientation on loss, damage and further liability questions.

Subscribe to legal updates

Receive new articles and legal updates from the firm with BRANDaktuelle Rechtsnews. Subscribe to the newsletter.

FAQ

Missing sender particulars under Article 7 CMR

Is the sender automatically liable for every incorrect weight? +

Article 7 paragraph 1 CMR links responsibility to costs and damage suffered by the carrier because particulars were incorrect or incomplete. The weight, the actual discrepancy, the claimed item and the connection between them must therefore be examined in the specific case.

What if the carrier enters the weight in the consignment note? +

If the carrier enters a particular covered by Article 7 paragraph 1 at the sender’s request, Article 7 paragraph 2 provides a rebuttable presumption that the carrier acted on the sender’s behalf. Preserve the request, the information supplied and the entry.

Which documents matter when costs are claimed? +

Preserve the consignment note, order, packing list, weighing record or other weight source, goods description, messages and the specific cost statement. The timeline from the particular to the carrier’s measure should also be clear.

How does Article 7 paragraph 3 differ from an incorrect sender entry? +

Paragraph 1 concerns incorrect or incomplete sender particulars and instructions. Paragraph 3 concerns the absence of the particular referred to in Article 6 paragraph 1(k) and costs or damage suffered by the person entitled to dispose of the goods. The responsibility runs in a different direction.

Discuss a freight-law matter

Briefly describe the route, the parties and the event. We will discuss which documents and next review step may be useful.

Contact

Clarify a freight-law question

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg