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Carrier's liability for stolen goods according to CMR

Due to the emerging questions on your part regarding the carrier's liability for stolen goods, I kindly inform you that:

1/ in accordance with art. 23 sec. 3 of the Convention on the Contract for the International Carriage of Goods by Road (CMR) of May 19, 1956. "However, the compensation may not exceed 8.33 units of account per kilogram of missing gross weight." + reimbursement of freightage, customs duties and other expenses in connection with the carriage of goods (Article 23(4) of the CMR).

2/ A higher compensation may be demanded by the aggrieved party:

– in the case of declaring the value of the goods or

– declaration of a special interest in delivery (Articles 24 and 26 of the CMR).

3/ The carrier responds up to the full value of the stolen goods, if the damage was caused by intentional fault or gross negligence of the carrier (Article 29 CMR). For example, when the carrier's obligation resulting from the transport documents was to park the vehicle in a guarded parking lot, and the theft occurred in an unguarded parking lot.

Legal adviser Jerzy Klimkowski