Transport law

A transport lawyer at Law & More advises carriers, shippers, freight forwarders and logistics companies on transport contracts, cargo claims and carrier liability. We handle claims under the CMR Convention for international road carriage and under Dutch transport law, in Dutch and English. The first step is a free introductory meeting in which we look at the consignment note, the contract and the deadlines that are running.

Clients rate Law & More 9.6 out of 10 on Klantenvertellen, the Dutch review platform (81 reviews, as of October 2026).

What can we help you with?

• Filing or defending a claim for damaged, lost or delayed goods.
• Assessing whether the CMR Convention or Dutch domestic transport law applies.
• Calculating the carrier's liability limit and checking whether it can be broken.
• Protecting limitation periods with timely reservations and written claims.
• Drafting or reviewing transport, logistics and warehousing contracts.
• Collecting unpaid freight charges from a shipper or principal.
• Recourse actions against subcontracted carriers or insurers.

When does the CMR Convention apply?

The CMR Convention applies to every contract for the carriage of goods by road for reward between two different countries (Article 1 CMR). At least one of these countries, where the goods are taken over or delivered, must be a party to the Convention. It applies regardless of the nationality or residence of the parties.

The CMR is mandatory law. Under Article 41 CMR, any clause in the transport contract that departs from the Convention, directly or indirectly, is null and void. General terms and conditions cannot therefore lower the carrier's liability below the CMR level. The contract of carriage is confirmed in a consignment note (CMR waybill). If the consignment note is missing or incomplete, the contract remains valid and the CMR still applies (Article 4 CMR).

For road carriage within the Netherlands, Book 8 of the Dutch Civil Code applies, often together with the General Transport Conditions 2002 (AVC 2002). Freight forwarders usually work under their own general conditions. Our guide to the CMR Convention for international road transport covers the Convention in more detail.

When is a carrier liable, and up to what amount?

Under Article 17 CMR, the carrier is liable for loss of or damage to the goods between taking over and delivery, and for delay in delivery. For loss or damage, compensation is limited to 8.33 special drawing rights (SDR) per kilogram of gross weight missing or damaged (Article 23 CMR).

Defences of the carrier

The carrier is not liable if the loss or damage was caused by the fault of the claimant or by inherent vice of the goods. The same applies to circumstances the carrier could not avoid and whose consequences it could not prevent. A defective vehicle is not a defence (Article 17(3) CMR). Carriers often rely on the "unavoidable circumstances" defence after theft; whether it succeeds depends heavily on the security measures that were taken.

Delay and other costs

For delay, compensation may not exceed the carriage charges. In addition to the compensation per kilogram, carriage charges, customs duties and other charges relating to the carriage are refunded in case of total loss, and proportionately in case of partial loss.

Breaking the limit

The limits do not apply if the damage was caused by wilful misconduct or by a default which, under the law of the court hearing the case, is considered equivalent (Article 29 CMR). In Dutch case law, the bar for this is high. A shipper can also agree a higher value or a special interest in delivery on the consignment note, against a surcharge (Articles 24 and 26 CMR).

Which deadlines apply to transport claims?

Transport claims have short deadlines, and missing them can cost you the claim. Under Article 32 CMR, the limitation period is one year, or three years in case of wilful misconduct or an equivalent default.

Situation under the CMR	Deadline
Apparent loss or damage	Reservation at delivery (Article 30 CMR)
Non-apparent loss or damage	Written reservation within 7 days of delivery, Sundays and public holidays excepted
Delay in delivery	Written reservation within 21 days after the goods were placed at the consignee's disposal
Partial loss, damage or delay	Limitation period of one year from the date of delivery
Total loss	One year from the 30th day after the agreed delivery time, or the 60th day after taking over if no time was agreed

A written claim to the carrier suspends the limitation period until the carrier rejects the claim in writing and returns the documents (Article 32(2) CMR). Without a timely reservation for loss or damage, the delivery counts as evidence that the goods arrived in good condition. For delay, no compensation is payable at all without a reservation within 21 days. In domestic road carriage under Book 8 of the Dutch Civil Code, a one-year limitation period also applies. Our article on the statute of limitations under Dutch law explains the general rules.

Where do you bring a CMR claim?

Under Article 31 CMR, a claim can be brought before the courts of a contracting state agreed by the parties. It can also be brought in the country where the defendant is based or has the branch through which the contract was made. The courts of the country where the goods were taken over or delivered also have jurisdiction.

That choice matters. National courts interpret the CMR in different ways, for example on breaking the limit, and procedural costs differ. Before you start proceedings, also check which carrier is the right defendant: the main carrier, a subcontractor or a successive carrier. For unpaid freight charges and cross-border collection, see our page on international debt collection.

How does working with Law & More work?

1. Introductory meeting: we discuss the shipment, the damage and the documents, free of charge, and check which deadlines are running.
2. Advice and cost estimate: we assess liability, the limit and the chances, and give you a cost estimate.
3. Approach and negotiation: we send the written claim, protect the limitation period and negotiate with the carrier or insurer.
4. Proceedings or completion: if no settlement is reached, we conduct proceedings before the competent court.

What does a transport lawyer cost?

We work at an hourly rate of 250 to 350 euros excluding VAT for a lawyer and 300 to 400 euros excluding VAT for a partner. We discuss the rate and the expected time with you in advance, and weigh it against the value of the claim. The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT.

We do not work on the basis of legal aid. Subsidised legal aid exists through the Legal Aid Board (Raad voor Rechtsbijstand), but we do not accept cases on that basis. External costs, such as court fees (griffierecht), bailiff's fees and the costs of a damage surveyor, are charged separately.

Who handles your case?

Your case is handled by one of our lawyers; in the introductory meeting you will hear who. You can read more about our lawyers on our team page.

Frequently asked questions

What does a transport lawyer do?

A transport lawyer advises on contracts and disputes in road, sea, air and multimodal transport and logistics. At Law & More, the work mostly concerns cargo claims under the CMR Convention and domestic road carriage under Book 8 of the Dutch Civil Code. We also handle transport and warehousing contracts and the collection of unpaid freight charges. Acting quickly is essential because of the short deadlines.

How much does a carrier have to pay for damaged goods under the CMR?

The carrier pays the value of the goods at the place and time of taking over, up to a maximum of 8.33 SDR per kilogram of gross weight lost or damaged. The value of the SDR changes daily. Carriage charges and customs duties are also refunded in case of loss. The limit does not apply in case of wilful misconduct or an equivalent default, or if a higher value was declared.

What should I do when goods arrive damaged?

Note the damage on the consignment note at delivery, with a description, and have the driver sign it if possible. Take photos and keep the goods and packaging available for inspection. For damage that is not visible, send a written reservation to the carrier within 7 days, Sundays and public holidays excepted. Then send a written claim to protect the limitation period.

Can a carrier exclude its liability in general terms and conditions?

Not under the CMR. Article 41 CMR makes any clause that departs from the Convention null and void, so general terms cannot reduce liability below the CMR level. In domestic carriage, there is more room: Book 8 of the Dutch Civil Code allows certain conditions, and the AVC 2002 are commonly used. Freight forwarders also usually work under their own general conditions.

How long do I have to start a CMR claim?

The limitation period is one year, or three years in case of wilful misconduct or an equivalent default. For partial loss, damage or delay, it starts on the date of delivery. A written claim to the carrier suspends the period until the carrier rejects it in writing. Do not rely on negotiations alone; check the deadline as soon as damage occurs.

Is a freight forwarder the same as a carrier?

Not necessarily. A freight forwarder arranges transport on behalf of a principal and enters into contracts with carriers, but does not carry the goods itself. Its liability is usually more limited. However, if the forwarder agrees to carry the goods in its own name, it can be liable as a carrier, including under the CMR. The wording of the contract and the documents decides.

In doubt about your position? Tell us about your situation via our contact page or call +31 40 369 06 80, or e-mail info@lawandmore.nl. We will let you know within one working day what your options are.

Law & More, Marconilaan 13, 5612 HM Eindhoven (+31 40 369 06 80) and visiting location Pietersbergweg 291, 1105 BM Amsterdam (+31 20 369 71 21). Available Monday to Friday 08:00-22:00, Saturday and Sunday 09:00-17:00.

This page provides general information and does not replace advice on your specific situation.