ROAD TRANSPORT

- INCLUDING UNDER THE CMR CONVENTION

It is essential to road hauliers and transport buyers seeking clarification on their legal rights as well as to insurers in the exposed position resulting from covering the parties’ risks that they obtain advice from experts with thorough knowledge of the applicable rules and case law.

No rules govern domestic transport in Denmark, and the legal position of parties to transport agreements in case of damage, loss or delay of goods in transit by road is therefore governed by any standard terms and conditions agreed between the parties, such as NSAB 2000, and the general principles of the law of obligations and the law of tort as reflected in case law.

International road transport is governed by the CMR Act, which is based on the CMR Convention. The Convention has been implemented in many countries whose courts, however, have interpreted a number of the most important provisions of the Convention differently, including notably in relation to the possibility of challenging the limitation of liability that may generally be relied on by hauliers.

Claims for cargo damage or loss may often be brought in a number of different jurisdictions, and it is therefore very important for both hauliers and cargo owners (and their respective insurers) to receive advice on these differences and possibilities in order to achieve the best possible legal position.  

Our expertise

Kromann Reumert’s maritime and transportation law group has extensive experience in handling any type of national and international road transport cases for Danish and foreign hauliers and their insurers, Danish and foreign importers and exporters, and cargo insurers. Our international network enables us to draw on the same type and level of expertise abroad.

We provide solutions to all types of road transport-related issues, including:

• drafting and negotiation of framework agreements for road transport between hauliers and transport buyers 
• advice on a wide variety of liability and insurance law issues, including application and interpretation of the standard terms and conditions applicable in the road transport business (in Denmark as well as internationally) 
• arbitration and litigation of cargo damage cases in Denmark and abroad through local liaison lawyers, representing either hauliers or cargo owners.