CMR disputes
Liability for loss, damage and delay in international road carriage, and the carrier's grounds for exemption from liability.
Ankara --:-- · —
bilgi@utuhukuk.com
0536 593 16 00
Practice Area · 06
Transport Law
Loss, damage and delay disputes under the CMR and domestic law; freight claims and carrier liability.
Last updated: · UTU Hukuk & Danışmanlık
Transport law is one of the areas with the shortest and most unforgiving time limits. The content of the delivery record, how many days elapsed before notice was given, and whether the insurer was notified in time will often decide a file before the merits are even reached.
UTU Hukuk & Danışmanlık acts for carriers, senders, consignees and insurers under the CMR Convention in international road carriage, and under the Turkish Commercial Code in domestic carriage.
For logistics companies, the drafting of carriage and storage contracts, the setting of liability limits and alignment with insurance policies are handled as part of ongoing advisory work.
Scope
Which Transport Law matters do we handle?
UTU Hukuk provides litigation and advisory services in Ankara in Transport Law on the following matters: CMR disputes, Domestic carriage, Freight and lien, Insurance and subrogation, Carriage contracts and Customs and administrative sanctions. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.
Domestic carriage
Carrier liability under the Turkish Commercial Code, delivery records and notice periods.
Freight and lien
Recovery of unpaid freight claims and exercise of the carrier's lien.
Insurance and subrogation
Indemnity claims under cargo insurance and insurers' subrogation actions against carriers.
Carriage contracts
Drafting and risk analysis of framework carriage, storage and logistics service contracts.
Customs and administrative sanctions
Customs procedures encountered during carriage and applications against administrative fines.
Authorities
Which authorities hear Transport Law cases?
Depending on their nature, Transport Law cases are handled before Commercial Court of First Instance, Mediation Office, Customs Directorates and Regional Court of Appeal. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.
- Commercial Court of First Instance
- Mediation Office
- Customs Directorates
- Regional Court of Appeal
Process
How do we work?
Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.
Preliminary meeting
We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.
Document review
Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.
Roadmap
Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.
Execution and reporting
Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.
Q & A
Transport Law — frequently asked questions
For apparent damage, notice must be given at the moment of delivery. For concealed damage, the CMR requires written notice within seven days of delivery (excluding public holidays); if this period is missed, the burden of proof becomes considerably heavier.
Yes. Liability is, as a rule, limited to 8.33 SDR per kilogram of gross weight short. However, this limit does not apply where the carrier has acted with intent or gross negligence.
Under the CMR it is, as a rule, one year; it extends to three years in cases of intent or gross negligence. The period begins to run from the date on which the goods were delivered or should have been delivered.
Who carried out the loading and stowage is decisive. Faulty loading by the sender may constitute a ground for the carrier's exemption from liability.
The CMR gives the claimant a choice of jurisdiction: proceedings may be brought before the courts of the defendant's place of residence, the place where the goods were taken over, or the place designated for delivery.
Read more
Related practice areas
Files rarely stay within a single area. The areas below are those that most often run alongside this one.
03Commercial LawFrom the formation of commercial contracts to the resolution of disputes; unfair competition, current account and commercial debt f…View 09Insurance LawActing for the insured, the policyholder and the insurer in disputes over the occurrence of the risk, the scope of cover…View 10Enforcement and Insolvency LawFrom pursuing a debt to recovering it; conduct of actions to set aside objections, negative declaratory relief, title claims and insolvency…View
Our Publications
Our articles on Transport Law
Let us assess your file together.
At the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.