CMR and Cargo claims

CMR & Cargo claims

The most prominent obligations of the carrier are to deliver the cargo as agreed, on time, and in good condition. In case the carrier fails to meet these obligations, they can be held liable for delay damages and/or cargo damages. To determine the extent of a carrier's liability, reference is often made to the CMR Convention. Not only does the CMR Convention regulate the carrier's liability, but it also specifies how other cargo stakeholders can claim their damages. For domestic transportation where the CMR Convention does not apply, national law is applicable to determine the damage. Additionally, general terms and conditions of the shipper, carrier or logistic provider often apply as a supplement.

In (inter)national transportation assignments, various parties are usually involved, who may have rights against each other if issues arise during the execution of the transportation. It's also common for a main carrier to hold a subcarrier liable for damages. Furthermore, freight forwarders run the risk of being held accountable as carriers, leading to significant financial consequences. For all parties in the transportation chain, it's crucial to act swiftly and appropriately when damage occurs. The attorneys at Vallenduuk have been advising and litigating in this specialized field for 25 years. They do so for carriers as well as other logistics service providers.


Christian Hofman
Mathias Dendievel
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