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CMR transport disputes in Luxembourg

The CMR Convention (1956) governs the international carriage of goods by road: it frames the carrier's liability in the event of loss, damage or delay, caps the compensation and imposes strict claim and limitation periods (in principle one year). The firm defends shippers, freight forwarders and carriers.

In short

In the event of loss, damage or delay in international road carriage, the CMR Convention (1956) governs the carrier's liability, caps compensation and imposes strict time limits: the limitation period is in principle one year. Precise reservations and a prompt claim determine the right to compensation.

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Maître Cora Maglo, Avocate à la CourResponsible for legal content: Maître Cora Maglo, Avocate à la Cour, Liste I du Barreau de Luxembourg depuis 2009. · Applicable law: Luxembourg

CMR transport disputes in Luxembourg: key points at a glance

Fees, timeframes, documents and deliverables
ItemWhat to know
FeesAnnounced fees. Fixed advisory fee or per litigation phase.
Indicative timingThe CMR limitation period is in principle one year (three years in the event of wilful misconduct or equivalent gross negligence): you must act promptly.
Documents required
  • CMR consignment note and delivery slips
  • Photos/reports of damage and reservations
  • Invoices and value of the goods
Deliverables
  • CMR liability analysis
  • Claim or defence
  • Compensation action where appropriate

A CMR dispute is often won or lost on time limits and reservations: a late claim or poorly worded reservations can defeat any compensation.

Cerno Law Firm acts for shippers as well as for carriers and insurers, from the recording of the damage to the liability action.

CMR transport disputes in Luxembourg: when should you call on the firm?

Goods lost, damaged or delivered late on an international shipment.

The CMR rules are technical and the time limits are short.

What happens if you do nothing?

A claim out of time, insufficient reservations, the one-year limitation period exceeded, the compensation cap misjudged.

Without a swift reaction, the right to compensation lapses.

How does the firm step in?

Analysis of CMR liability, formalisation of reservations and claims, compensation action or defence.

Coordination with insurers and experts.

Practice areas

When to call on the firm

  • Claim compensation for loss or damage.
  • Challenge a carrier being held liable.
  • Act against a delay in delivery.
  • Secure reservations and preserve the time limits.

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FAQ

Frequently asked questions

What is the limitation period in CMR matters?

In principle one year from delivery (or from the agreed date), extended to three years in the event of fault deemed equivalent to wilful misconduct. Claims must also be raised promptly.

Is the carrier's liability capped?

Yes. The CMR caps compensation (in principle by kilogram of gross weight short), unless there is a declaration of value or gross negligence.

Should reservations be made on delivery?

Yes. Precise reservations made within the time limits are essential: failing that, the goods are presumed to have been received in good condition.

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Affiliations & professional networks

  • Barreau de Luxembourg
  • European Immigration Lawyers Network (EILN)
  • Union des Avocats Européens (AEA)
  • Cross Border Advisory Solutions
  • Institut Luxembourgeois des Administrateurs (ILA)
  • Association Luxembourgeoise des Juristes de Droit Bancaire (ALJB)

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Written by Maître Cora Maglo, attorney at law.

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Founded in 2013; Maître Cora Maglo has been admitted to the Luxembourg Bar since 2009

2013
independent firm
2009
at the Bar since 2009
4,7/5
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Ongoing review and analysis of Luxembourg and European case law

Avocate à la Cour, List I of the Luxembourg Bar since 2009

Trained at the London School of Economics, formerly at Clifford Chance and Bonn Steichen & Partners

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