Classify the time position of your freight claim.
Mag. Bernhard Brandauer, Rechtsanwalt
BRANDAUER Rechtsanwälte
Guidance on freight law matters in Austria.
A freight claim must be assessed together with its legal basis, the type of carriage and the starting point of the period. Article 32 CMR contains specific rules for CMR claims. For Austrian claims against freight forwarders and carriers, sections 414 and 439 of the UGB and the contract must also be considered.
Answer the questions based on what you currently know. A written claim, reservations on delivery and court steps serve different purposes and should not be treated as interchangeable.
Mag. Bernhard Brandauer, Rechtsanwalt
This check does not calculate a binding deadline. It shows whether the key dates for a limitation review are available, whether a prompt review is sensible and which records you should prepare.
The period depends in part on whether the CMR applies or whether an Austrian freight forwarding or carriage contract must be assessed under the UGB and the contract.
Record the route, contracting party, type of claim and every relevant date in a chronology. Match each date to the consignment note, invoice, complaint or delivery record.
Keep the limitation question separate from reservations on delivery and from the question whether the claim is substantiated.
Record the route, contracting party, type of claim and every relevant date in a chronology. Match each date to the consignment note, invoice, complaint or delivery record.
Keep the limitation question separate from reservations on delivery and from the question whether the claim is substantiated.
Record the route, contracting party, type of claim and every relevant date in a chronology. Match each date to the consignment note, invoice, complaint or delivery record.
Keep the limitation question separate from reservations on delivery and from the question whether the claim is substantiated.
Record the route, contracting party, type of claim and every relevant date in a chronology. Match each date to the consignment note, invoice, complaint or delivery record.
Keep the limitation question separate from reservations on delivery and from the question whether the claim is substantiated.
Collect the records for delivery, the agreed delivery deadline, takeover and all written statements without delay. Check whether a complaint was actually received and what it said.
For CMR carriage, Article 30 and Article 32 must be kept separate. A reservation on delivery does not automatically answer the limitation question.
Collect the records for delivery, the agreed delivery deadline, takeover and all written statements without delay. Check whether a complaint was actually received and what it said.
For CMR carriage, Article 30 and Article 32 must be kept separate. A reservation on delivery does not automatically answer the limitation question.
Collect the records for delivery, the agreed delivery deadline, takeover and all written statements without delay. Check whether a complaint was actually received and what it said.
For CMR carriage, Article 30 and Article 32 must be kept separate. A reservation on delivery does not automatically answer the limitation question.
Assemble the complete file with contract, consignment note, delivery record, invoices, photographs, complaints and proof of receipt. First establish which rule applies and from which date the period runs.
Do not rely on a phone call or general assurance where expiry may be near. Whether a written statement affects the period, what a reservation does and whether court action is required depend on the original records.
Assemble the complete file with contract, consignment note, delivery record, invoices, photographs, complaints and proof of receipt. First establish which rule applies and from which date the period runs.
Do not rely on a phone call or general assurance where expiry may be near. Whether a written statement affects the period, what a reservation does and whether court action is required depend on the original records.
Assemble the complete file with contract, consignment note, delivery record, invoices, photographs, complaints and proof of receipt. First establish which rule applies and from which date the period runs.
Do not rely on a phone call or general assurance where expiry may be near. Whether a written statement affects the period, what a reservation does and whether court action is required depend on the original records.
Assemble the complete file with contract, consignment note, delivery record, invoices, photographs, complaints and proof of receipt. First establish which rule applies and from which date the period runs.
Do not rely on a phone call or general assurance where expiry may be near. Whether a written statement affects the period, what a reservation does and whether court action is required depend on the original records.
Assemble the complete file with contract, consignment note, delivery record, invoices, photographs, complaints and proof of receipt. First establish which rule applies and from which date the period runs.
Do not rely on a phone call or general assurance where expiry may be near. Whether a written statement affects the period, what a reservation does and whether court action is required depend on the original records.
Assemble the complete file with contract, consignment note, delivery record, invoices, photographs, complaints and proof of receipt. First establish which rule applies and from which date the period runs.
Do not rely on a phone call or general assurance where expiry may be near. Whether a written statement affects the period, what a reservation does and whether court action is required depend on the original records.
Assemble the complete file with contract, consignment note, delivery record, invoices, photographs, complaints and proof of receipt. First establish which rule applies and from which date the period runs.
Do not rely on a phone call or general assurance where expiry may be near. Whether a written statement affects the period, what a reservation does and whether court action is required depend on the original records.
Keep the starting point of the period separate from whether the claim exists and what it is worth. Record delivery, the agreed deadline, takeover, loss notification and every written statement with its date and proof of receipt.
No. Article 32 CMR applies where the CMR governs the carriage. Austrian forwarding and carriage contracts also require review of sections 414 and 439 UGB, the contract and the specific claim.
No. A reservation under Article 30 CMR concerns notice of certain loss or damage at delivery. Article 32 CMR concerns limitation. Both issues must be documented separately.
No. The CMR position, claim type, delivery or loss, agreed deadline, written statements and possible special circumstances must be reviewed against the original records.
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This check provides general orientation on Austrian and international transport law. It does not replace a review of your individual matter.
Guidance on freight law matters in Austria.
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