Lost, Damaged or Delayed Cargo: CMR Claims in Romania

Introduction

Lost, damaged or delayed cargo in international road transport to or from Romania is the situation this guide addresses. It is written for foreign companies — shippers, consignees, traders and freight forwarders — that discover a problem on delivery and need to know quickly which rules apply, which deadlines are running and which documents to keep.

The main legal framework is the Convention on the Contract for the International Carriage of Goods by Road (CMR), signed in Geneva on 19 May 1956. Romania acceded to it by Decree no. 451/1972, and the Romanian text is published on the official portal legislatie.just.ro. This article is educational and does not replace a review of the documents of a specific shipment. Article references below follow the official Romanian text of the Convention.

More guides on this topic: Commercial law and contracts

Key points

• The carrier is, in principle, liable for total or partial loss, damage and delay in delivery occurring between taking over and delivery of the goods (Art. 17(1) CMR).
• Reservations for apparent loss or damage must be made at the latest on delivery; for non-apparent loss or damage, in writing within 7 days, excluding Sundays and public holidays (Art. 30(1)).
• Compensation for delay is payable only if a written reservation is sent within 21 days from the time the goods were placed at the consignee's disposal (Art. 30(3)).
• Claims are, as a rule, time-barred after one year; in the case of wilful misconduct or equivalent default, after 3 years (Art. 32).
• Compensation is calculated under the Convention's own rules and is, in principle, limited (Art. 23).

When the CMR Convention applies

Under Art. 1, CMR applies to every contract for the carriage of goods by road in vehicles for reward, when the place of taking over and the place designated for delivery, as specified in the contract, are in two different countries, at least one of which is a contracting country — irrespective of the place of residence and nationality of the parties.

A shipment from Budapest to Târgu Mureș, from Milan to Cluj-Napoca or from Brașov to Hamburg will therefore usually fall under CMR, whatever the nationality of the companies involved. Purely domestic carriage within Romania is governed by other rules, mainly the Romanian Civil Code, and is not covered here.

Loss, damage and delay: what each means

Total or partial loss

Partial loss means missing packages, pallets or quantities. Total loss means the goods never arrive. Under Art. 20(1), the person entitled may treat the goods as lost, without further evidence, if they have not been delivered within 30 days after the agreed time limit or, if no time limit was agreed, within 60 days after the carrier took over the goods.

Damage

Damage covers deterioration of the goods during carriage: broken packaging, impact damage, moisture, contamination or, for sensitive goods, failure to respect transport conditions. The difference between apparent damage (visible on unloading) and non-apparent damage (discovered later, for example after unpacking) directly affects the reservation deadline.

Delay

Under Art. 19, delay occurs when the goods are not delivered within the agreed time limit or, if none was agreed, when the actual duration of carriage exceeds the time reasonably allowed to a diligent carrier, having regard to the circumstances. The delivery date stated in the order, the transport confirmation or the consignment note therefore matters a great deal in practice.

Carrier liability and grounds for exoneration

Art. 17(1) makes the carrier liable for loss, damage and delay. Art. 17(2) relieves the carrier where the loss, damage or delay was caused by the wrongful act or neglect of the claimant, by the claimant's instructions not resulting from the carrier's fault, by inherent vice of the goods, or by circumstances the carrier could not avoid and whose consequences it could not prevent.

Art. 17(3) states that the carrier cannot rely on defects in the vehicle used, or on the fault of the person from whom the vehicle was hired. Art. 17(4) lists special risks that may relieve the carrier, such as expressly agreed use of open unsheeted vehicles noted in the consignment note, missing or defective packing, and handling, loading, stowage or unloading by the sender or consignee.

Many disputes turn on who loaded and secured the goods, what the consignment note records and whether packaging was adequate. Loading documents are often as important as unloading documents.

Reservation deadlines: the first step after unloading

Art. 30 is the provision every foreign company should know before the goods arrive.

1. Apparent loss or damage: reservations must be given to the carrier at the latest at the time of delivery, indicating the general nature of the loss or damage.
2. Non-apparent loss or damage: reservations must be made in writing within 7 days of delivery, Sundays and public holidays excepted.
3. Delay: compensation is payable only if a written reservation is sent within 21 days from the time the goods were placed at the consignee's disposal.

Under Art. 30(4), the day of delivery, of the check or of placing the goods at disposal is not included in these periods. Without reservations, Art. 30(1) creates a presumption, until the contrary is proved, that the consignee received the goods in the condition described in the consignment note. A claim remains possible, but the burden of proof shifts to the claimant.

When delivery takes place in Romania, Romanian public holidays count when calculating the 7-day period. Foreign companies working with a Romanian consignee should check the public holidays in force on the unloading date.

Documents to keep

• the CMR consignment note, all copies and all entries, including reservations written on it;
• the transport order or contract and email confirmations;
• the commercial invoice, packing list and any customs documents;
• dated photographs of loading and unloading, including seals and load securing;
• any joint condition report signed with the carrier;
• written reservations sent to the carrier and proof of sending;
• surveyor or insurer reports.

Under Art. 9 CMR, the consignment note is prima facie evidence of the conditions of the contract and of receipt of the goods by the carrier. Where the carrier entered no reasoned reservations, it is presumed that the goods and packaging appeared to be in good condition when taken over.

How compensation is calculated

For total or partial loss, compensation is calculated by reference to the value of the goods at the place and time at which they were accepted for carriage (Art. 23(1)). The value is fixed by commodity exchange price or, failing that, current market price or, failing both, the normal value of goods of the same kind and quality (Art. 23(2)).

Art. 23(3) sets a limit per kilogram of gross weight short. The applicable unit of account depends on the Convention text and protocols in force for the states concerned, so the concrete amount has to be checked for each shipment. In addition, carriage charges, customs duties and other charges incurred in respect of the carriage are refunded — in full for total loss and proportionately for partial loss (Art. 23(4)).

For delay, if the claimant proves that damage resulted, the carrier pays compensation not exceeding the carriage charges (Art. 23(5)). Higher compensation may be claimed only where a value of the goods or a special interest in delivery was declared under Articles 24 and 26 (Art. 23(6)).

Art. 27 provides for interest at 5% per year, running from the date the written claim was sent to the carrier or, if no claim was made, from the date legal proceedings were instituted.

The limits do not apply where the damage was caused by wilful misconduct or by default that the law of the court seised considers equivalent (Art. 29).

Limitation: the one-year period

Under Art. 32(1), actions arising out of carriage under CMR are time-barred after one year, or 3 years in the case of wilful misconduct or equivalent default. The period runs, among others:

• for partial loss, damage or delay, from the date of delivery;
• for total loss, from the thirtieth day after the agreed time limit or, if none was agreed, from the sixtieth day after the carrier took over the goods.

Under Art. 32(2), a written claim suspends the period until the carrier rejects it in writing and returns the documents attached. For foreign companies, one year passes quickly, especially when discussions with insurers and subcontractors drag on.

Where a claim can be brought

Art. 31(1) allows the claimant to bring an action, besides the courts of contracting countries agreed by the parties, in the courts of the country where:

• the defendant is ordinarily resident, has its principal place of business, or the branch or agency through which the contract was made; or
• the goods were taken over or the place designated for delivery is situated.

If the goods were taken over or were to be delivered in Romania, Romanian courts may therefore have jurisdiction even when the claimant is a foreign company. Under Art. 31(3), a judgment enforceable in one contracting country becomes enforceable in the others once the required formalities are completed there.

Successive carriers and freight forwarders

Where carriage under a single contract is performed by successive road carriers, Art. 34 provides that each of them is responsible for the whole operation, the second and each succeeding carrier becoming a party to the contract by accepting the goods and the consignment note. In today's supply chains, a foreign company often contracts with a freight forwarder that subcontracts to a Romanian carrier. Identifying who actually undertook the carriage obligation is one of the first legal checks.

Practical steps for a foreign company

1. Record the exact date and time of unloading or of goods being placed at disposal.
2. Write reservations on the consignment note for any visible shortage or damage.
3. Photograph goods, packaging, seals and vehicle before anything is moved.
4. For damage discovered later, send written reservations within 7 days, Sundays and public holidays excepted.
5. For delay, send a written reservation within 21 days.
6. Notify the cargo insurer according to the policy.
7. Collect the order, invoices and correspondence, and diarise the one-year limitation period.

Frequently asked questions

Does CMR apply if the carrier is Romanian and my company is German?

Usually yes, if taking over and delivery are in different countries, at least one of which is a contracting country. The nationality of the parties is not decisive (Art. 1 CMR).

What if the consignee wrote nothing on the CMR note on unloading?

It is presumed, until the contrary is proved, that the goods were received in the condition described in the consignment note (Art. 30(1)). For non-apparent damage, the 7-day written reservation period still applies.

Can I claim lost profit for a late delivery?

For delay, CMR allows proven damage but caps it at the carriage charges (Art. 23(5)), subject to Art. 23(6) and Art. 29.

In which language must reservations be written?

CMR requires written form for certain reservations but does not prescribe a language. In practice, clear wording the carrier understands reduces the risk of dispute.

Conclusion

For cargo lost, damaged or delayed in international carriage connected with Romania, the first days after unloading are decisive: reservations, the 7- and 21-day deadlines and the documents kept directly shape a company's position. The law office of Pantilimon Rikhárd-Árpád, based in Târgu Mureș, Romania, can review the shipment documents and explain the applicable legal options. Fees are set by direct negotiation between the office and the client.

Official sources

• CMR Convention of 19 May 1956 – legislatie.just.ro (Romanian text)
• Decree no. 451/1972 on Romania's accession to CMR – legislatie.just.ro