Cross-border carriage of goods

The CMR is the central framework for paid carriage of goods by road where the agreed places of taking over and delivery are in two different countries and at least one is a contracting state. It governs the carriage contract, not every legal question concerning the goods.

For the first assessment, record the route, client, carrier and delivery place. The guide to the CMR and carriage contract explains the contractual foundations. The CMR also contains specific rules for certain types of carriage, including removals and postal conventions.

Combined carriage requires a separate review of each leg and any mandatory convention applying to another mode. The use of a lorry alone does not answer every legal question.

The consignment note records the carriage order and key shipment information. Article 6 CMR covers consignor, carrier and consignee, taking-over date and place, delivery place, goods, packages, weight and customs instructions. It does not replace the entire contract, but it is an important evidentiary document.

Sections 425 to 427 UGB define the carrier and address consignment notes and supporting papers. Businesses should record who supplied, checked and forwarded each item.

Do not silently correct differences between the order, consignment note, delivery note and customs papers. Keep the original and later communication. The shipment document checklist provides a practical starting point.

Under Article 17 CMR, the carrier is generally liable for loss or damage between taking over and delivery and for delay. The cause, packaging, instructions, condition of the goods and possible grounds for relief must be assessed.

The CMR rules, especially Article 23, determine compensation. Value, place and time are relevant, while additional loss and limits require separate review. A reliable amount cannot be stated without the value, damage and documents.

The carrier liability and cargo damage page helps classify responsibility. For delay, the required delivery period and proven loss also matter.

Record apparent damage in the consignment note or an equivalent delivery record. Describe packages, quantities and damage rather than writing only “damaged”. Photos and a signed condition note add evidence.

Article 30 CMR contains a special written notice rule for damage not apparent at delivery and for delay. An unclear or late notice can make proof more difficult, but the full course of events still needs review.

Keep the times of delivery, discovery, first notice and every response. For temperature-sensitive goods, add records, reports and photographs.

Article 31 CMR lists possible courts for claims, including the defendant’s seat, a branch through which the contract was made, and the place of taking over or agreed delivery. The available option depends on the contract and countries involved.

Within the European Union, the Brussels Ia Regulation may add relevant jurisdiction rules. The Rome I Regulation contains special conflict rules for carriage contracts. A choice of law cannot displace mandatory CMR rules.

A sale contract, forwarding contract, insurance contract and recourse between carriers may raise separate questions. The page on freight forwarding and logistics contracts provides a related perspective.

At a border, carriage law meets public-law requirements. Where section 427 UGB applies, the consignor must provide papers required for customs, tax or police rules. Further documents may be required depending on goods, route and procedure.

A missing or inconsistent document can delay the journey, but does not alone determine who bears the loss. The order, clearance responsibility, instructions, knowledge and actual cause must be assessed.

Keep a document list and record border stops, requests and releases with timestamps. The page on delivery delay and carriage obstacles addresses the next steps.

A reliable review normally needs more than the consignment note: carriage order, terms, delivery clauses, packing lists, invoices, customs and transit papers, photos, delivery records, damage notices and communications.

For several carriers or a forwarder, map each handover. Record who took over the goods, passed them on and confirmed delivery. This separates CMR liability, recourse and a possible breach by the consignor.

Do not replace original files with edited copies. A chronological file with clear names avoids confusion.