Freight law
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BRANDAUER Rechtsanwälte
Contact person

Mag. Bernhard Brandauer, Austrian attorney-at-law

BRANDAUER Rechtsanwälte

Mag. Bernhard Brandauer assists with the legal assessment of transport contracts, cargo damage and freight claims.

CMR and liability declarations

CMR machinery transport: declared value or special interest in delivery?

Declared value or special interest under Articles 24 and 26 CMR: requirements, consignment note, surcharge and proof for machinery transport.

5 October 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
International road haulage

Foreign haulier transiting Austria: which authorisation must be carried?

Section 7 GütbefG sets out the authorisations foreign hauliers need for journeys to, through or from Austria. The undertaking, route and permit determine which basis applies.

4 October 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Rail freight

Customs documents in rail freight: liability under Article 15 CIM

Who provides customs papers for international rail freight? Article 15 CIM sets out document duties, carrier checks and liability.

3 October 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Carrier liability and cargo damage

Domestic removal: the section 429 UGB care defence after loss or damage

Damage during an Austrian domestic removal: section 429 UGB, the care defence, the period from taking over to delivery and key evidence.

2 October 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Consignee rights in carriage law

Consignment arrived: Delivery against cost security under Article 13 CMR

When may a consignee demand delivery under Article 13 CMR? This article explains payment, cost security and the consignee’s own rights after loss or failure to arrive.

1 October 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Drivers and road haulage

Driver attestation for third-country drivers: documenting EU road haulage

Driver attestation for third-country drivers: who applies, how the original and certified copy are used and when the attestation must be returned.

30 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Consignee rights in carriage law

Consignee before arrival: Protective measures and instructions to the carrier

What may a consignee do before the goods arrive? Section 434 permits necessary protective measures and instructions, but limits delivery before arrival.

29 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and carrier liability

CMR: Carrier liability for drivers and subcontractors under Article 3

Article 3 CMR explained: when is a carrier liable for drivers and other persons used for the carriage? Attribution, function and evidence.

28 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and cargo loss

CMR cargo loss: freight, customs duties and carriage costs

CMR cargo loss: recover freight, customs duties and other carriage costs alongside compensation for the goods, in full for total loss and proportionately for partial loss.

27 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CIM and rail carriage

CIM rail carriage: How a written claim suspends limitation

CIM rail carriage and limitation: period, starting point, written claims under Article 43 CIM and suspension under Article 48 CIM.

26 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Air cargo

Air cargo rerouting: The sender’s right of disposal

Can the sender stop, recall or redirect an international air shipment to another person? Article 12 of the Montreal Convention explained.

25 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Air cargo and written notices

Air Cargo Damaged or Delayed: Send the Written Notice in Time

Air cargo damage or delay: Article 31, the 14-day and 21-day periods, written notice and the consequence of missing the period.

24 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Warehouse receipts and rights in goods

Transferring an Order Warehouse Receipt: Acquiring Rights to Goods Without Physical Delivery

Section 424 UGB: when delivery of an endorsable warehouse receipt allows rights in stored goods to be acquired without physical delivery.

23 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and cargo insurance

CMR Clause Assigning Cargo Insurance Claims: Check Article 41

Review a CMR clause assigning cargo insurance claims: Article 41, invalidity, the remaining contract and burden-of-proof clauses.

22 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Carriage contract and billing

CMR Carriage Contract with a Lump-Sum Price: Surcharges, Instructions and Billing

Lump-sum price in a CMR carriage contract: classify tolls, waiting time, detours, instructions and additional costs for billing.

21 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and choice of law

CMR clause chooses foreign law: Convention priority and liability scope

Choice of law in international CMR carriage: mandatory Convention rules, Articles 3 and 25 Rome I, and liability scope for loss, damage and delay.

20 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and consignment note

Missing sender weight details: costs and loss under Article 7 CMR

Missing or incorrect sender weight details: carrier costs and loss under Article 7 CMR, evidence and key distinctions.

19 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and shipment loss

Shipment found after loss compensation: return and repayment under the CMR

A CMR shipment found after loss compensation: written notice request, recovery notice, 30-day return period, consignment-note claims and repayment under Article 20 CMR.

18 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and shipment loss

CMR shipment loss after 30 days: loss presumption, delivery period and claim

CMR shipment loss after 30 days: loss presumption, agreed delivery period, 60 days without a period and next steps under Article 20 CMR.

17 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and carrier liability

CMR liability without a limit: wilful misconduct under Article 29

Article 29 CMR can remove liability limits. The key issues are qualified misconduct, the burden of proof and the complete transport file.

16 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and dangerous-goods carriage

Dangerous-goods papers missing at inspection: stoppage, instructions and additional costs

Missing or conflicting dangerous-goods papers during an inspection: assess instructions, stoppage time, additional costs and responsibility under the CMR.

15 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Freight law and toll demands

Post-transport toll demand: shipper liability and recourse

Post-transport toll demand: review the public demand, shipper liability, carriage contract and recourse under Austrian law.

14 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and cargo damage

CMR part load in groupage transport: quantity shortfall and damage calculation

Assess a CMR part load in groupage transport: establish a quantity shortfall, document handovers and calculate partial loss.

13 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Contract of Carriage and Payment

Empty Run After Failed Presentation: Payment and Cancellation

Empty run after failed presentation: review the contract, cancellation, payment, evidence and CMR distinction.

12 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Damage notices and claims

Cargo damage notice: receipt, content and evidential value under the CMR

CMR cargo damage notices: electronic receipt, required content, the seven-day period for hidden damage and evidential value explained.

11 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Freight forwarding and CMR

Fixed-cost forwarding in road carriage: CMR liability and internal carrier recourse

Fixed-cost forwarding in international road carriage: section 413 UGB, CMR liability, subcontracted carriers and internal recourse.

10 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and delay damage

CMR delivery deadline exceeded: delay damage and liability cap

CMR delivery deadline exceeded: how to assess delay, specific damage, carrier liability and the liability cap under Article 23(5) CMR.

9 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and cash on delivery

Missed cash collection: compensation for the CMR cash on delivery amount

Cash on delivery not collected under Article 21 CMR: compensation, recourse against the consignee and key records.

8 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and the transport contract

Weighbridge ticket and axle load in cross-border road freight: wrong weight entry, overloading and additional costs

Wrong weight entry in a CMR consignment note: weighbridge ticket, axle load, overloading, sender responsibility under Article 7 CMR and key records.

7 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and carrier liability

Cargo theft at guarded parking: unavoidable circumstances under Article 17(2) CMR

Cargo theft at guarded parking under Article 17(2) CMR: assess unavoidable circumstances, reasonable custody care and the evidence.

6 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and the Transport Contract

Sender Packaging Duty under the CMR: Damage Caused by Defective Packing

Sender packaging duty under Article 10 CMR: liability for damage and expenses, reservations, evidence and the distinction from load securing.

5 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and carrier liability

Successive carriers under the CMR: recourse and proof

Successive carriers under the CMR: external liability, damage leg, recourse, evidence and limitation under Articles 34 to 40 CMR.

4 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Transport contract and documentation

Pallet exchange in road carriage: agreement, return and replacement

Assess pallet exchange in road carriage: agreement, return, pallet sheets, missing load carriers and replacement claims.

3 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Carrier Liability and Transport Damage

Sender Loading in CMR Carriage: Securing, Instructions and Evidence

Who is liable after sender loading in a CMR carriage? Explaining load securing, warnings, instructions and evidence after transport damage.

2 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and electronic documentation

Electronic CMR record: authenticity and change log in road carriage

e-CMR in road carriage: authentication, integrity, change log, access and evidentiary value under the Additional Protocol to the CMR.

1 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and animal carriage

Live animals under the CMR: special agreements and liability risks

Live animals under the CMR: scope, special agreements, the special risk under Article 17(4)(f) CMR and evidence after damage.

31 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and right of disposal

Sender’s right of disposal under the CMR: stop carriage or change the consignee

Sender’s right of disposal under Article 12 CMR: stop carriage, change the delivery place or name another consignee.

30 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and jurisdiction

Jurisdiction in a CMR dispute: agreement, branch and place of delivery

Jurisdiction in a CMR dispute: Article 31 CMR, agreements, branches, takeover place, intended delivery place and parallel proceedings explained.

29 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and limitation

CMR limitation for cargo damage: one-year period, misconduct and starting point

CMR limitation for cargo damage: the one-year period, three years for wilful misconduct, starting points and written claims under Article 32 CMR.

28 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and delivery obstacles

CMR delivery obstacle: unloading, storing or selling the goods

CMR delivery obstacles under Articles 15 and 16: instructions, unloading, custody, costs and the sale of goods explained for carriers and senders.

27 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
CMR and dangerous-goods carriage

Dangerous goods in CMR carriage misdeclared: carrier rights

Dangerous goods misdeclared in CMR carriage: the sender’s information duty and the carrier’s rights under Article 22 CMR.

26 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Carrier lien

Carrier lien: withholding goods for unpaid freight

Carrier lien under Section 440 UGB: when may a carrier withhold goods for unpaid freight and what applies after delivery?

25 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Cross-border carriage of goods

Incoterms: recording transfer of risk in transport

Incoterms in transport: transfer of risk, named place, CMR carrier liability and evidence after cargo damage.

24 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Cabotage and cross-border carriage

Cabotage: reviewing the transport order before departure

Review cabotage before departure: document the preceding international carriage, time periods, vehicle, unloadings and evidence in the transport order.

23 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Delivery and reservations

Consignee: acceptance and reservations on delivery

What consignees should check on delivery and how to record reservations and cargo damage under the CMR or Austrian law.

22 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Freight claims and transport records

Freight claim: preparing invoices and records

Preparing a freight claim: match invoices, consignment notes, delivery and transport records for a review under Austrian and CMR law.

21 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Cross-border carriage of goods

Border crossing: coordinating customs and freight documents

Border crossings in freight transport: coordinate customs procedures, CMR consignment notes and accompanying documents before departure.

20 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Cargo damage

Temperature-controlled goods: documenting cargo damage

Temperature-controlled goods arrived damaged? Preserve temperature data, handovers, packaging and reservations for the legal assessment.

19 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Freight forwarding and logistics contracts

Forwarding order: instructions and documentation

How to issue a forwarding order: instructions, the transport file, changes and the distinction between forwarder and carrier.

18 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Freight law

Delivery delay: informing customers correctly

Delivery delay in freight law: what customers need to know, how carriage obstacles are handled and what matters for liability and damages.

17 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Cargo damage

Cargo damage: preserving evidence

Cargo damage requires prompt documentation. Learn which reservations, photos, freight documents and notices consignors and consignees should preserve.

16 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
Consignment note and documentation

CMR consignment note: signature and reservations

How to use a CMR consignment note: carrier reservations, cargo damage at delivery, hidden damage and essential transport records.

15 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law
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