Shipment found after loss compensation: return and repayment under the CMR

If a CMR shipment is found after compensation has already been paid, the person entitled to dispose of the goods may demand delivery under the conditions in Article 20(2) and (3) CMR. The person must have requested written notice in time, act within 30 days after receiving the recovery notice, satisfy the claims arising from the consignment note and repay the compensation received.

The recovery process does not start simply because the carrier reports a found shipment. The file must show the written request made when compensation was received, its written confirmation, the date of recovery and the date on which the notice reached the entitled person. Each date has a separate function.

This article deals exclusively with the return of goods found after compensation has been paid. The first classification of goods as lost under Article 20(1) CMR, the original valuation and the carrier’s general liability are separate questions.

Article 20(2) CMR allows the person entitled to dispose of the goods to request in writing, when receiving compensation for the lost goods, to be notified immediately if the goods are found within one year after payment. The request concerns a specific recovery scenario after compensation.

The request should identify the shipment, the original carriage, the compensation payment and the requested notice clearly. A general enquiry about other shipments does not show which declaration is intended to operate under the CMR rule.

The statutory text also requires written confirmation of the request. Preserve the message sent, the confirmation and proof that both relate to the same shipment. The article on acceptance and reservations on delivery provides additional guidance on shipment-specific statements.

If the goods are found within one year after payment and the request was made, the recovery information must be communicated immediately. For the next step, the date on which the notice reached the entitled person matters more than the date on which it was drafted.

The file should distinguish the day on which the carrier or another party found the goods, the day on which the notice was sent and the day on which it was received. For electronic communication, retain the original message, attachments and reliable delivery or access records.

The notice should identify the goods and their location and condition sufficiently for a return to be organised. Photographs, a storage confirmation and a clear shipment number are useful. The guidance on preserving evidence after cargo damage supports the documentation of the goods’ condition.

Under Article 20(3) CMR, the entitled person may demand delivery within 30 days after receiving the recovery notice. The reliable receipt date is the starting point. The original payment date and the date of recovery serve different purposes in the statutory sequence.

The statement should clearly demand delivery of the recovered goods within the period. It should identify the shipment and show that the statutory counter-performance is being prepared. An informal request for more information may be too uncertain for that purpose.

Where several persons or an authorised representative are involved, establish who may make the effective statement. The authority, the original entitlement and the communication with the carrier should be assessed together.

Article 20(3) CMR ties the return to two elements: the claims arising from the consignment note must be satisfied and the compensation received must be repaid. The provision therefore describes a coordinated reversal, not an isolated delivery request.

Establish the compensation payment from the payment record and the original settlement. Identify the claims arising from the consignment note separately. The statutory text also allows costs included in the compensation to be deducted from the repayment where applicable. The actual figures must be checked against the file.

Before payment or set-off, list each amount and ask the other party for an agreed statement of account. The overview of the CMR and the transport contract helps distinguish the consignment note, contractual roles and the basis of each amount.

Article 20(3) CMR expressly preserves claims for compensation for exceeding the delivery period under Articles 23 and, where relevant, 26. Returning the recovered goods therefore does not automatically settle every issue arising from late delivery.

Delay and its consequences require separate evidence. The file may need the agreed delivery period, the time when the goods were made available, the actual economic effects and timely communications. A lost shipment later recovered can involve different damage items from a shipment that was simply delivered late.

Keep repayment of the original compensation separate from a possible delay claim. Show each amount, legal basis and supporting record in its own line of the claim schedule.

Article 20(4) CMR identifies three situations: the notice request was not made, the delivery instruction was not given within 30 days or the goods were found later than one year after compensation was paid. In those cases, the carrier may dispose of the goods under the law of the place where they are located.

This consequence depends on the relevant statutory condition being present. Uncertainty about receipt, shipment identity or the running period should not be treated as a missed deadline without checking the records.

Before disposal or another measure, preserve the place and condition of the goods, the notices, payment date and all statements. The law of the place where the goods are held may govern the next step.

Prepare a chronology covering takeover, agreed delivery period, loss report, settlement, payment, written notice request, confirmation, recovery, notice and receipt. Link every entry to an original document or a reliable technical record.

Add the consignment note, authority documents, correspondence, storage location, condition of the goods and the repayment calculation. Preserve original electronic messages, attachments and delivery or access records without overwriting them.

Record whether the goods were changed, repaired, repacked or carried onward after recovery. The condition at recovery matters to the decision on return and value just as much as the original loss record.

Reacting only by telephone: The written request and the 30-day instruction must be made and delivered in a traceable way.

Confusing the recovery date with the receipt date: The 30-day period runs from receipt of the notice.

Repaying compensation without a statement of account: Payment, consignment-note claims and potentially deductible costs must remain traceable.

Combining return with a delay claim: Repayment and compensation for exceeding the delivery period require different reviews.

Accepting disposal too quickly: First secure the notice request, dates, recovery circumstances and place where the goods are held.

First preserve the payment record, the written request and its confirmation. Then record receipt of the recovery notice and calculate the 30-day period from that date.

Within the period, demand delivery expressly and prepare one traceable statement covering the consignment-note claims and repayment of the compensation. Agree the handover, condition and storage place in writing.

Assess separately whether compensation for exceeding the delivery period remains available. If entitlement, dates, repayment or the condition of the goods are disputed, the full transport file should be reviewed promptly. Further legal updates are available through BRANDaktuelle Rechtsnews.