During transport, car parts weighing 1,000 kg and with a market value of EUR 100,000.00 were stolen from a semi-trailer at a parking lot in Belgium. A claim for this value was filed by the German injured party to a client of Galicia Brokers. In this situation, the amount of compensation should have been calculated on the basis of Article 23, paragraph 3 of the CMR Convention, i.e. multiplying the weight of the stolen goods x 8.33 SDR x the price of the SDR. As of today, this is EUR 1.21. In this way, the compensation due amounted to EUR 10,079.3, not EUR 100,000, despite the fact that this was the market value of the stolen goods.

Full compensation can only be claimed in the event of gross negligence or if the value of the goods has been declared or a special interest in their delivery has been declared in accordance with Articles 24 and 26 of the CMR Convention.

In accordance with the above, the risk of damage or loss of the goods in transport is also borne by the owner of the goods.

It should be remembered that the Convention on the Contract for the International Carriage of Goods by Road (CMR), adopted in Geneva on 19 May 1956, has been signed by, and therefore must be applied by, the following countries: Albania, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iran, Ireland, Italy, Israel, Kazakhstan, Kyrgyzstan, Latvia, Lebanon, Lithuania, Luxembourg, Malta, Mongolia, Montenegro, Morocco, Netherlands, Norway, Poland, Portugal, Moldova, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Syria, Tajikistan, Macedonia, Tunisia, Turkey, Turkmenistan, Ukraine, Great Britain and Northern Ireland, Uzbekistan

Legal adviser Jerzy Klimkowski