CMR Convention

The International Agreement on transport contracts on roads ( = CMR Convention relative au contrat of double de transport international de marchandises par route ) is an International treaty on international shipments that are performed on the Landtransportweg (eg trucks ). The CMR was signed in 1956 and is valid across Europe.

The CMR is authentic only in the Treaty languages ​​of English and French.

Details and legal consequences of the CMR contract

Scope

  • If the departure or the country of destination of the goods is (at least) a CMR Member State, the agreement is binding for the parties to the contract of carriage. The provisions of the CMR displace the national transport law in the Member States of the CMR and are binding in the contractual relationship between the consignor and the carrier; CMR conflicting agreements are null and void (Article 41 CMR). Only insofar as the CMR does not regulate certain facts may possibly engage the then in individual cases to be determined and applicable to the contract of carriage national law in addition.
  • A further prerequisite for the implementation of that CMR has only valid if road vehicles are loaded. This means that container or swap body do not apply solely as vehicles, but only in combination with the corresponding vehicle.
  • The CMR shall not apply to transportation of mail pieces ( which are carried out under the provisions of any international postal convention ), removal goods and corpses.
  • If the item is not reloaded, so the entire vehicle is transported together with Good place for special transport routes (eg rail piggyback transport, ferry transport) CMR exceptionally application (Article 2 CMR).

Contract

Also, the CMR contract of carriage is prevailing opinion a consensual successfully obligation (contractual ).

Obligations of the Parties

  • The consignor instructs the carrier to the cross-border transport of a pecuniary interest of good things about the country.
  • The sender has to pay the agreed freight In addition, he has provided - otherwise agreed, the goods to be packed securely for transport. The duty of loading and / or unloading, stowing or is not specifically regulated in the CMR The sender has the carrier all the necessary information about the goods notified in good time (especially for dangerous goods) and handed him the necessary ( freight ) papers. The sender is usually the right to sell the estate to ( unless otherwise agreed and held in accordance with the bill of lading ) (Article 12 CMR). With the delivery of the right of disposal is transferred to the recipient as a rule.
  • The carrier shall ensure the safe and timely transport and deliver the goods at the agreed place of unloading.
  • There is in principle a ban on transhipment of goods; However, one can be contractually agreed or instructed in exceptional cases by the sender.
  • The receiver is basically not a party to the transport contract, but the same rule, the beneficiary. He may require the carrier in accordance with Article 13 CMR, however, that this after arrival at him the second copy of the consignment note passes and delivers the goods to him. In return, he then has to pay the freight. The amount of freight to be paid results from the value of information in the consignment note; should be expected, the costs incurred by the transport (eg freight surcharges, parking fees, duties, import taxes, etc.). In addition, he shall issue the carrier an acknowledgment ( receipt).

CMR

For transporting a CMR can be issued (Article 4 CMR). If there is no bill of lading, but does not automatically affect the validity of the contract of carriage.

  • The CMR is created in three original copies; all three copies, both signed by the carrier and the consignor (Article 5 CMR). So far, the issue of an electronic CMR waybill is by hM not possible.
  • To be entered in the consignment note details are described in Article 6 of the CMR.
  • If the consignment note is signed by both the consignor and the carrier, the CMR has the evidence of the effects of Article 9 of the CMR. If one of the two signatures, though is not the comprehensive evidence effects of Article 9 CMR to fruition, however, after the supplementary applicable national law of evidence nevertheless a presumption of proof of certain facts exist.
  • In receipt of the goods referred to in Article 8 CMR to the carrier responsible inspection duties
  • On the CMR CMR clause is specified in the rule, which states that the carriage shown despite a clause to the contrary in case of doubt the provisions of the CMR subject. The clause should again emphasize the compelling validity of the CMR. Different rules are void. The clause is to " secure the agreement of the provisions of the CMR in courts outside of the States Parties, by giving this character of contractual arrangements between the parties."
  • The CMR automatically includes a lock function. The sender can have only if he ( the first of the three originals) may submit his bill of lading copy. The right to subsequent disposal expires with the delivery of the goods. Thus, payment may be made against the first original of the CMR consignment note.

Liability

Basis of liability under the CMR

  • The liability in the CMR is largely designed as strict liability. The carrier has to stand without fault for the occurrence in the custody period damage, cf care liability. In contrast to fault-based liability ( for intent and negligence) strict liability is limited in value because it would be unfair and difficult to insure if the carrier would have to fully liable, despite the absence of fault.
  • The carrier has also for the misconduct of the employed him people ( staff and contractors ) regard ( Article 3 CMR).
  • A waiver of liability limits is provided when the damage by the carrier or its servants or was caused by fault qualified ( see Article 29 CMR).
  • However, a liability of the carrier does not exist as a rule, if the damages based on any of the events listed in Article 17 para 4 CMR, or if the damage is a behavior of the claimant (usually the sender ) based on which the carrier could not influence (Article 17, paragraph 2 CMR).
  • Several carriers shall be liable generally and severally liable for losses incurred (Article 34 CMR).
  • The consignor is liable to the carrier for its part for damages that have occurred due to failure of the sender (eg through false declaration of goods, Article 7 CMR)

Liability for loss or damage to goods

  • The liability for cargo damage to 8.33 SDR (special drawing rights ) per kg Gross - gross weight (ie including the package) as a strict liability limits (Article 23, Paragraph 1, 2 CMR). Decisive is the value of the goods at the place and time of receipt of the goods (Article 23 paragraph 1 CMR).
  • An extension of liability is possible in exceptional cases, when a declaration of value, ie an indication of the value of the goods and the amount representing special interest in delivery has been entered in the consignment note. (Articles 24, 26 CMR) will also increase the freight charges of the freight usually through registration of the declaration.

Liability for delivery time exceeded

  • Liability for delivery period is exceeded is limited in the CMR to the simple amount of freight paid. (Article 23, paragraph 5 CMR)
  • An extension of liability is possible in exceptional cases, when a declaration of value, ie an indication of the value of the goods and the amount representing special interest in delivery has been entered in the consignment note. (Articles 24, 26 CMR) will also increase the freight charges of the freight usually through registration of the declaration.

Freight charges

Freight costs, customs duties, etc. be replaced separately to the respective minimum liability. (Article 23, Paragraph 4 CMR)

(Freight ) consequential damages

Goods consequential damages (such as loss of profit, loss of earnings, business interruption damages, etc.) will not be replaced by the CMR, but they may be covered indirectly by an appropriate delivery interest, so an entry of the order value (ie registration of the trade value coverage gap ) in the consignment note. Pecuniary damage which may have occurred as late damage regardless of damage are, on the amount of cargo only (Article 23, paragraph 5 CMR). However, such a follow-up liability in individual cases can be derived from complementary anzuwendendem national legal policy.

Complaints period and limitation

Period for complaints

The period for complaints are governed by Article 30 of the CMR (with visible damage due to loss or damage of goods at the latest upon delivery of the goods; case is not externally visible damage within a maximum of 7 days, except Sundays and legal holidays, after delivery, with delivery dates within 21 days from making available to the recipient ). Complaints must be in writing.

Limitation

Claims arising from the CMR contract expire normally in a year, in the cases of willful intent or negligence equal standing in 3 years ( details, in Article 32, paragraph 1 CMR). The claim is inhibited by written complaint to the date on which the carrier rejects the claim in writing and returns the documents ends. (Article 32, paragraph 2 CMR)

CMR Member States

Albania, Armenia, Azerbaijan, Belgium, Bosnia - Herzegovina, Bulgaria, Denmark, Germany, Estonia, Finland, France, Georgia, Greece, Hungary, Iran, Ireland, Iceland, Italy, Jordan, Kazakhstan, Kyrgyzstan, Latvia, Lebanon, Lithuania, Luxembourg, Malta, Morocco, Macedonia, Moldova, Mongolia, Montenegro, Netherlands, Norway, Austria, Poland, Portugal, Romania, Russia, Sweden, Switzerland, Serbia, Slovakia, Slovenia, Spain, Syria, Tajikistan, Tunisia, Turkmenistan, Turkey, Ukraine, Uzbekistan, Belarus, Cyprus. Stand November 13, 2008

References / Footnotes

Good (economics) Void (law) HGB
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