Qualified fault according to Art. 29 CMR
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Transport law encompasses a multitude of rules and regulations that must be observed by companies and individuals alike. The issue of qualified negligence plays a central role in liability and compensation under transport law. It is crucial to understand the specific provisions that apply to international transport relationships, particularly in road freight transport. One of the most important provisions is Article 29 of the CMR (Convention on the Contract for the International Carriage of Goods by Road), which plays a significant role in liability issues.
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3What is qualified negligence?
Qualifying negligence under Article 29 of the CMR represents a special form of negligence applicable under international road transport law. It primarily applies when a carrier or one of their agents causes damage intentionally or through conduct that is tantamount to intent. This can be the case if safety regulations are not complied with or if the carrier acted recklessly and knew that damage was highly likely to occur.
According to Article 29 of the CMR, the carrier cannot invoke limitations of liability if the damage was caused by aggravated negligence. This means that in the case of aggravated negligence, the limitation of liability no longer applies, and the carrier can be held liable for the entire damage.
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Practical example: The judgment of the Higher Regional Court of Bremen
A striking example of the application of qualified negligence under Article 29 of the CMR is the judgment of the Higher Regional Court of Bremen of August 10, 2018 (case no. 7 U 7/18). This case concerned a freight carrier who had violated safety requirements in the transport contract by leaving the truck overnight in an unguarded parking lot. This action was considered reckless and assessed as a serious breach of duty, which constituted qualified negligence under Article 29 of the CMR.
The court clarified that the carrier could not rely on limitations of liability in this case. The violation of the safety requirements of the transport contract, which, among other things, required that the truck be parked only in guarded parking areas, was considered qualified negligence because the damage was highly likely to occur. The Higher Regional Court of Bremen ruled that parking in an unguarded parking lot in this case was considered grossly negligent and thus qualified as qualified negligence.
When does qualified negligence play a role in transport law?
Qualifying negligence can play a role in many areas of transport law, particularly in the following situations:
Traffic accidents and collisionsIf the carrier or driver acts with gross negligence and causes an accident, this can be considered qualified negligence. This leads to unlimited liability for the damage caused.
Violation of transport agreements: Violations of contractually agreed safety precautions or transport conditions, such as parking in unsafe parking spaces, may constitute a qualified negligence under Article 29 of the CMR.
Misdeclared goods or safety violations: If dangerous or particularly valuable goods are not correctly declared or transported in accordance with safety regulations, this can also be considered qualified negligence.
Example DHL: Even in cases of large logistics companies such as DHL The issue of qualified negligence may become relevant. If a DHL carrier or its subcontractor violates important safety regulations and damage occurs as a result, such as parking a truck in an unsafe parking lot, liability issues under Article 29 of the CMR may apply.
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