Claims and actions in goods transport based on the consignment note

You can make a claim if the goods have not arrived in the condition stated in the consignment note.

How to proceed when the goods are found not to conform to the consignment note

1. If the consignee has taken delivery of the goods without having checked their condition jointly with the carrier, or if, at the latest at the time of delivery in the case of apparent loss or damage, or within 7 days of the date of delivery, Sundays and public holidays excepted, in the case of loss or damage that is not apparent, he has not sent the carrier reservations indicating the general nature of the loss or damage, it is presumed, until proved otherwise, that he received the goods in the value described in the consignment note. The reservations referred to above must be made in writing where loss or non-apparent damage is concerned.
2. Where the condition of the goods has been checked jointly by the consignee and the carrier, evidence contradicting the result of that check may be produced only in the case of loss or damage which is not apparent and provided that the consignee has sent his reservations in writing to the carrier within 7 days, Sundays and public holidays excepted, from the date of that check.
3. A delay in delivery may give rise to compensation only if a reservation has been sent in writing. This is valid only within 21 days from the date on which the goods were placed at the disposal of the consignee.
4. The date of delivery, of the check or of the placing of the goods at the consignee's disposal is not included in the time limits laid down in this article.
5. The carrier and the consignee must give each other every reasonable facility for the necessary conditions and checks.

Settling disputes when the goods are found not to conform to the consignment note

1. For all disputes arising out of carriage subject to this Convention (the CMR Convention), the claimant may bring an action, apart from the courts or tribunals of the contracting countries designated by agreement between the parties, before the courts or tribunals of the country within whose territory:
a) the defendant has his ordinary residence, his principal place of business, or the branch or agency through which the contract of carriage was concluded;
b) the place where the goods were taken over or the place designated for their delivery is situated, and he may bring an action before no other courts or tribunals.
2. Where, in a dispute of the kind referred to in paragraph 1 of this article, an action is pending before a court or tribunal competent under the provisions of that paragraph, or where a judgment has been given in such a dispute by such a court or tribunal, the same action may no longer be brought on
the same grounds between the same parties, unless the judgment of the court or tribunal before which the first
action was brought is not enforceable in the country in which the new action is brought.

Settling disputes when the goods are found not to conform to the consignment note

3. Where, in a dispute referred to in paragraph 1, a judgment given by a court or tribunal of a
contracting country has become enforceable in that country, it also becomes enforceable in each of the other contracting countries. This is so as soon as the formalities laid down for that purpose in the country concerned have been completed. Those formalities may not lead to a re-examination of the case.
4. The provisions of paragraph 3 apply to judgments given after trial and to those given in the absence of judicial settlements. They do not apply to court judgments that are provisionally enforceable. Nor do they apply to judgments awarding damages, in addition to legal costs, against a claimant whose action has been dismissed in whole or in part.
5. To secure payment of the costs arising from legal proceedings caused by carriage subject to this Convention, security may not be required from nationals of the contracting countries. This applies where they are resident or have a place of business in one of those countries.

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