Road transport disputes (CMR)

Legal defence in road transport disputes (CMR)

International carriage of goods by road is governed, where its conditions of application are met, by the CMR Convention and complementary national legislation. Disputes may concern loss of or damage to goods, delayed delivery and payment for carriage. The limitation period is generally one year, or three years in cases of wilful misconduct or fault equivalent to wilful misconduct, under Article 32. The starting point differs according to the type of claim; a written claim may suspend the limitation period under paragraph (2), but does not automatically restart it. Reservations, the consignment note and delivery documents must be analysed promptly. A lawyer helps you preserve evidence and identify the actual liability limit and time limit applicable.

Invoking limits of liability, establishing exemption and defence strategies

The core of a defence in a road transport dispute is detailed analysis of the circumstances in which the damage occurred and verification of compliance with the formalities required by the CMR Convention. An defence strategy effective approach for the carrier may focus on proving grounds for exemption from liability (e.g. inherent defects in the goods, defective packaging by the sender, improper loading or unavoidable force-majeure events) and invoking the statutory cap on compensation (the limit of 8.33 SDR per gross kilogram missing or damaged). Conversely, for the owner of the goods or the subrogated insurer, the litigation approach will seek to prove wilful misconduct or gross negligence equivalent to wilful misconduct by the carrier (Article 29 CMR), to disapply liability limits and obtain full compensation for the loss suffered.

Legal assistance and representation in Romania

Damage during carriage, a freight forwarder’s refusal to pay for a journey or a substantial compensation claim can immobilise vehicle fleets and seriously affect a transport company’s operations. Basuc Cosmin Law Office offers specialist legal assistance and representation in resolving CMR and road transport disputes in Romania. We assist with entering reservations on CMR consignment notes, prepare statements of defence and recourse actions against subcontractors or the carrier’s liability insurers under the CMR policy, distinct from compulsory motor liability insurance (RCA), and represent you firmly before the competent district courts, the competent tribunals and the competent courts of appeal, working to protect your company’s financial interests.