What is the CMR Convention?
The Convention on the Contract for the International Carriage of Goods by Road (CMR) is the legal framework that governs liability when freight is transported across borders by road within Europe. Ratified by 56 countries, it establishes uniform rules for shipping contracts, carrier liability, documentation requirements, and compensation limits.
For logistics managers, the CMR Convention is not abstract legal theory — it is the rulebook that determines whether a carrier pays for damaged, lost, or delayed cargo. Every freight claim your company files is ultimately adjudicated under these rules.
The Four Types of CMR Claims
Under the CMR Convention, freight claims fall into four categories, each with distinct filing requirements and deadlines:
1. Damage Claims
Filed when cargo arrives at its destination in a damaged condition. This is the most common claim type, covering everything from crushed packaging to water damage to temperature deviation in refrigerated loads. The critical distinction is between visible damage (apparent at delivery) and concealed damage (discovered after delivery).
2. Shortage Claims
Filed when the quantity of goods delivered is less than what was consigned. This could mean missing pallets, missing cartons within a delivery, or a discrepancy between the CMR consignment note and the actual count at the receiving dock.
3. Loss Claims
Filed when goods are entirely lost — the shipment never arrives, or a significant portion of the consignment is missing entirely. Under Article 20, goods are deemed lost if they have not been delivered within 30 days after the agreed delivery date, or 60 days after the carrier took over the goods if no delivery date was agreed.
4. Delay Claims
Filed when goods arrive after the agreed delivery date and the delay has caused measurable financial harm. Delay claims require proof of both the delay itself and the financial loss it caused — such as production line stoppage costs, contractual penalties with end customers, or spoilage of time-sensitive goods.
Critical Deadlines You Cannot Miss
The CMR Convention imposes strict time limits. Missing these deadlines can void an otherwise valid claim entirely:
Visible Damage: 7 Calendar Days (Article 30)
If damage or shortage is apparent at delivery, the consignee must send written reservations to the carrier within 7 calendar days of delivery. This is the most commonly missed deadline in the industry, and the one responsible for the highest volume of denied claims.
The 7-day window starts from the date of delivery, not the date the damage report is filed internally. A Friday delivery means the deadline falls on the following Thursday — regardless of weekends, public holidays, or internal processing delays.
Concealed Damage: 21 Calendar Days (Article 30)
If damage is not apparent at delivery but is discovered later (e.g., goods appeared intact externally but internal contents were damaged), the consignee has 21 calendar days from delivery to notify the carrier in writing.
Total Loss: 30/60 Days (Article 20)
Goods are deemed lost after 30 days past the agreed delivery date, or 60 days from the carrier's takeover if no delivery date was specified. At this point, the claimant can file as a total loss.
General Limitation: 1 Year (Article 32)
All actions under the CMR Convention are time-barred after one year. In cases of wilful misconduct, this extends to three years. The limitation period starts from the date of delivery (for damage/shortage), from the date goods were deemed lost, or from the date of delay.
Carrier Liability Limits Under Article 23
The CMR Convention caps carrier liability based on the weight of the goods, not their value:
Maximum compensation = Weight in kg × 8.33 SDR × current EUR exchange rate
As of early 2025, 1 SDR ≈ €1.35, making the effective cap approximately €11.25 per kilogram. For a 1,000 kg shipment, the maximum carrier liability is approximately €11,250 — regardless of whether the goods were worth €5,000 or €500,000.
This weight-based cap is one of the most misunderstood aspects of CMR claims. High-value, low-weight goods (electronics, pharmaceuticals, precision instruments) are particularly vulnerable, as the carrier's maximum liability may be a fraction of the actual loss.
Documentation That Wins Claims
The strength of your claim depends almost entirely on documentation quality. Based on analysis of thousands of filed claims, here are the documents that matter most:
- CMR consignment note with damage notation — The single most important document. Damage must be noted on the CMR note at the point of delivery, signed by both driver and consignee.
- Timestamped photographs — Photos of the damage taken at delivery, showing both the external packaging condition and internal damage to goods. Include photos of labels, pallet markings, and vehicle loading position if relevant.
- Independent repair/replacement estimate — A written estimate from a qualified assessor, not an internal estimate. Some carriers require estimates from specific certified assessors.
- Commercial invoice — Proof of the goods' value, used to calculate the claim amount (subject to the per-kilogram cap).
- Packing list and weight certificate — Confirms the weight and quantity consigned, essential for shortage claims and for calculating the liability cap.
- Written reservation letter — Formal notification sent to the carrier within the applicable deadline, referencing the CMR note number, delivery date, and nature of damage.
Common Reasons Claims Get Denied
Understanding why carriers deny claims helps you avoid the same traps:
- Late notification (34% of denials) — The 7-day window was missed. This is binary: one day late and the claim is void.
- Insufficient documentation (28% of denials) — Missing photos, no CMR note notation, or internal estimates instead of independent assessments.
- Packaging defence (18% of denials) — Carrier argues damage resulted from insufficient packaging by the sender, not carrier handling. Counter with packaging certifications and loading photographs.
- No proof of condition at origin (12% of denials) — Carrier claims goods were already damaged before loading. Counter with pre-loading inspection records and loading photographs.
- Incorrect claim form or process (8% of denials) — Each major carrier has specific filing procedures. Using the wrong form or portal can result in technical rejection.
How FreightBack Automates CMR Compliance
FreightBack was built specifically to solve the operational challenges of CMR freight claims management. The platform automatically calculates all applicable deadlines the moment a claim is logged, sends multi-stage alerts to ensure no deadline is missed, scores documentation completeness before filing, and generates carrier-specific submission packets. For 3PL providers managing claims across multiple clients, FreightBack provides a multi-client dashboard with white-label portals for each shipper client.