Court rules that 'fear of loss' does not constitute damage under CMR

July 9, 2020 | News

The Convention on the Contract for the International Carriage of Goods by Road (CMR) is an international agreement covering the rights and obligations of parties involved in road transport. Under the CMR, carriers are liable for the total or partial loss of goods or damage to goods when that damage occurs between the carrier
taking charge of the goods and the time of delivery.

However, this raises the question as to what constitutes 'damage' and precisely how this is defined. A recent Amsterdam Court decision held that the word 'damage' in the relevant sections of the CMR presumes a substantial physical change to the state of the goods. It ruled out, in this case, that a broken seal on a container constituted damage. 

Click here to read the full publication.

Sign up for our newsletters