Maximum amounts according to the German Commercial Code (HGB), the CMR Convention and the Montreal Convention, compared by mode of transport, with calculation examples.
The carrier's liability is limited, usually to a fixed amount per kilogram of weight. For light but valuable goods, this often results in a significant gap between the actual damage and the amount compensated. Rogert & Ulbrich calculates your maximum compensation and checks whether the limit can be exceeded.
Why the carrier isn't paying the full damage
Anyone who suffers damage during transport expects full compensation. However, in transport law, this is the exception. The carrier's liability is legally limited, not according to the value of the goods, but according to their weight. This is based on the idea that the carrier often does not know the value of the transported goods and that their risk should remain calculable.
For the injured party, this means that the amount compensated can be significantly less than the actual damage. This is especially true for lightweight but expensive goods like electronics, where a noticeable gap arises. Anyone who wants to realistically assess their claims needs to know the maximum compensation amounts.
Our service page offers more in-depth information on this topic. Limitation of liability in transport law; You can find an overview of our services in the section transport and forwarding law.
Does the compensation not cover your damage? Have the maximum amount and any possible exceptions checked.
The unit of account: the Special Drawing Right
The maximum amounts are not specified in euros, but in Special Drawing Rights (SDRs), an artificial currency unit of the International Monetary Fund. The value of one SDR in euros fluctuates daily and is determined based on a basket of currencies.
Therefore, the exchange rate on the relevant date must always be used to calculate specific compensation. The following amounts are thus presented in Special Drawing Rights; the euro amount is only determined by conversion at the then-current exchange rate.
Editorial note: Use the current euro exchange rate of the Special Drawing Right before publication or deliberately keep it variable; no fixed euro amount is mentioned in the text.
Unsure how much your claim is worth in euros? Let us calculate the conversion and the maximum amount.
Maximum amounts for different modes of transport compared
Each mode of transport has its own maximum liability limit. The following overview compares the most important regimes. The decisive factor is always the gross weight of the goods in question; for sea and inland waterway transport, the number of packages is also a factor.
| modes of transport | control | Maximum amount | Special feature |
| Road (national) | § 431 HGB | 8.33 SDR per kg | Corridor 2 to 40 SDR according to § 449 HGB |
| Street (international) | Article 23 CMR | 8.33 SDR per kg | essential, virtually indispensable |
| Air freight | Article 22 of the Montreal Convention. | 26 SDR per kg | since 28.12.2024 (previously 22 SDR) |
| Sea freight | Section 504 of the German Commercial Code (HGB) / Hague-Visby | 666.67 SDR per piece or 2 SDR per kg | the higher amount |
| inland vessel | Art. 20 CMNI | 666.67 SDR per piece or 2 SDR per kg | If applicable, per container, the higher amount |
Editorial note: Liability amounts, especially the amendment of the Montreal Convention, should be checked for accuracy before publication.
The significant difference between the modes of transport is striking. Air freight costs many times more per kilogram than road transport, while sea and inland waterway transport also take into account the number of packages. The applicable amount depends on the transport route and the applicable law.
Unsure which regulations apply to your transport? Have the applicable maximum amount determined.
Calculation examples: how compensation is determined
The calculation is fundamentally simple: the weight of the affected item in kilograms, multiplied by the maximum amount per kilogram, yields the upper limit in Special Drawing Rights. This is then converted into euros. Two examples illustrate the gap between value and compensation:
- Electronics on the road: If a 100-kilogram shipment of high-value electronics worth €50,000 is lost, the maximum liability under the CMR Convention is 100 times 8.33 SDR, i.e., 833 SDR. In euros, this is far below the actual damage.
- Machine part shipped by air freight: If a 200-kilogram spare part is damaged during air freight, the maximum liability is 200 times 26 SDR, i.e., 5,200 SDR. The compensation per kilogram is significantly higher here than for road transport.
The examples show that lightweight and valuable goods are particularly poorly protected. Anyone transporting such goods should consider additional safeguards, such as a value declaration or cargo insurance. The specific euro amount is calculated by converting the value at the exchange rate on the relevant date.
Do you want to know your maximum compensation? Have your weight, the applicable regulations, and the maximum amount calculated precisely.
Value declaration and liability corridor – agree on more protection
The maximum amounts are not always fixed. Under national freight law, liability can be contractually adjusted within a range of 2 to 40 Special Drawing Rights per kilogram according to Section 449 of the German Commercial Code (HGB), provided the contractual partner is duly informed. Furthermore, individual agreements are possible.
Another tool is the declaration of value. If the value of the goods is stated in the consignment note and a corresponding surcharge is agreed upon, liability can be increased beyond the standard amount. In practice, however, full compensation often fails due to formal requirements, which is why the precise wording is crucial. Anyone transporting high-value goods should examine these options before the transport.
Do you regularly transport high-value goods? Let us assess how you can effectively increase your liability.
When the border falls and how to proceed
The most important exception to the limitation of liability is gross negligence. If the carrier caused the damage intentionally or recklessly and with knowledge of the probability of such damage, the maximum amounts no longer apply and the carrier is liable for the full amount. In that case, the actual damage is the determining factor, not the weight.
We explain when the limit falls and how the burden of proof is distributed in the article on... qualified fault according to Article 29 CMR. In the case of transport using multiple modes of transport, it is also important to consider on which leg of the journey the damage occurred; for this purpose, we have the multimodal transport shown separately.
For practical purposes, a clear procedure is recommended:
- Record weight and value: Record the gross weight of the affected goods and the actual damage.
- Determine the regime: Clarify which mode of transport and which law apply, and what the resulting maximum amount is.
- Calculate maximum amount: Determine the upper limit and convert it to euros at the exchange rate on the cut-off date.
- Check for penetration: Have it checked whether qualified negligence would eliminate the limitation.
- Meet deadlines: Keep an eye on the short deadlines under transport law.
Because the difference between the maximum compensation amount and the actual damages can be significant, early legal review is worthwhile. We calculate your compensation, examine any exceptions, and enforce your claims. The more precise the basis for your claim, the stronger your position.
Is this a case of significant transport damage? Have the maximum amount and the possibility of breach of contract checked.
Rogert & Ulbrich – Your lawyers in transport and forwarding law
Rogert & Ulbrich advises shippers, consignees, freight forwarders, and insurers on the calculation and enforcement of claims for transport damages. The lawyers Dr. Marco Rogert and Tobias Ulbrich and her team are familiar with the maximum amounts according to the German Commercial Code (HGB), the CMR Convention and the Montreal Convention, as well as the case law on breaches from daily practice.
We determine the applicable regime, calculate the maximum amount, verify the declared value and any qualified negligence, and enforce your claims. For cross-border transport, we take the following into account: CMR Convention.
Whether it's undercovered damage, a disputed maximum amount, or exceeding the limit: Arrange a initial consultation and secure your claims.
