International road haulage: CMR Convention and cross-border claims

What the course covers

The CMR Convention (Spain's instrument of accession, BOE-A-1974-753) applies of its own force wherever the place of taking over and the place of delivery lie in different states and one of them is a contracting party. The contract's own wording does not switch it off. The course opens by fixing that scope and by separating what the Convention settles from what it leaves to national law, which in Spain is the LCTTM (Ley 15/2009, Land Carriage of Goods Act, BOE-A-2009-18004).

Next comes the CMR consignment note: mandatory particulars, the carrier's reservations on loading, and what follows from signing without checking. The sessions then take the liability regime for loss, damage and delay, the article 17 exonerations, and the article 23.3 cap of 8.33 SDR per kilo of gross weight, a figure introduced by the 1978 Protocol. With the SDR at EUR 1.182 (IMF, 8 September 2026), that is EUR 9.85 per kilo. Article 29 sets out the conduct that removes the cap.

Time limits get their own block. Article 30 requires a reservation at the moment of delivery where loss or damage is apparent; within 7 days where it is not, Sundays and public holidays excluded; within 21 days for delay. Article 32 sets limitation at one year, three years for wilful misconduct or equivalent default. A written claim suspends the period and restarts it when the respondent rejects the claim in writing and returns the documents (article 32.2); a later claim on the same matter has no suspensive effect.

The closing block is forum. Article 31 opens several competent courts, and the course works the choice between them, parallel proceedings across jurisdictions, and enforcement of the judgment in another contracting state.

Who it is for

Freight forwarders and international transport operators. Traffic managers running intra-EU lanes. Claims handlers pursuing foreign carriers or answering claims from them. In-house legal teams at exporting shippers. Cargo insurance brokers and subrogated recovery handlers.

Why it matters

Apparent damage accepted without a reservation at delivery closes the article 30 route. On a 2,000-kilo load, the article 23.3 cap puts the ceiling at EUR 19,700 at the September 2026 rate, whatever the invoice says. The claim is time-barred one year after delivery, and reaches three years only where article 29 conduct is proved.

Programme

• The CMR's mandatory scope and its interface with Spanish domestic law
• CMR consignment note: particulars, carrier reservations and evidential value
• Liability for loss, damage and delay; the article 17 exonerations
• The article 23.3 cap after the 1978 Protocol: 8.33 SDR per kilo and dated conversion
• Article 30 notice and article 32 limitation, with suspension by written claim
• Article 31 forum options and cross-border enforcement of judgments