Standard deadlines, commencement of deadlines, suspension and the extended deadline in case of gross negligence – the deadline checklist for practical application
In transport law, significantly shorter limitation periods apply than in other areas of commercial law. Anyone who exceeds the one-year period after § 439 HGB If the deadline stipulated in Article 32 CMR is missed, the claim often expires entirely. Rogert & Ulbrich checks your deadlines and secures your claims in time, before the statute of limitations takes effect.
Why the statute of limitations determines your claim in transport law
Claims under transport law typically expire after just one year. This short period surprises many companies, which are accustomed to the three-year standard limitation period stipulated in Section 195 of the German Civil Code (BGB) under general civil law. Those who rely on this often end up empty-handed.
It is also important to distinguish between the statute of limitations and the limitation period. The statute of limitations does not automatically extinguish the claim, but merely gives the debtor a defense that must be expressly raised in court. A limitation period, on the other hand, extinguishes the claim definitively and is considered by the court ex officio. Both periods are short in transport law and require prompt action.
A complete overview of our services in transport and forwarding law You can find it on our service page.
Are you subject to a transport law deadline? Have the start date and the statute of limitations checked before your claim is lost.
The standard period: one year according to § 439 HGB
For claims arising from carriage subject to German freight law, a limitation period of one year applies according to § 439 of the German Commercial Code (HGB). This period begins at the end of the day of delivery. If the goods are completely lost, the period begins at the end of the day on which the goods should have been delivered.
An exception applies in cases of gross negligence: If the debtor acts intentionally or if there is negligence equivalent to intent as defined in Section 435 of the German Commercial Code (HGB), the limitation period is extended to three years. Such gross negligence requires that the debtor acted recklessly and with the awareness that damage was likely to occur. Proving this is challenging, but can be worthwhile because it also allows the maximum liability limits to be exceeded.
We will demonstrate how unlimited liability applies in such situations using the example of... unlimited liability for Value Added Services.
Unclear whether the one-year or three-year limitation period applies in your case? Have the fault and the limitation period reviewed.
International road transport: the deadlines according to Article 32 CMR
The following applies to cross-border road freight transport: CMR Convention, which takes precedence over national law. Here, too, the limitation period is generally one year, and three years in cases of intent or equivalent negligence. However, the commencement of the limitation period is regulated in a more differentiated manner than in the German Commercial Code (HGB).
- Partial loss, damage or exceeding the delivery deadline: The time limit begins on the day the goods are delivered.
- Total loss: The period begins on the 30th day after the expiry of the agreed delivery period or, if no delivery period has been agreed, on the 60th day after receipt of the goods.
- All other cases: The period begins three months after the conclusion of the transport contract.
In all cases, the day the limitation period begins is not included in the calculation. Since the CMR Convention is mandatory for international transport, these deadlines cannot be superseded by national regulations. Anyone transporting goods across borders must therefore determine the exact start date of the limitation period.
Cross-border transport with an unclear start date? Have it checked which start date applies to your case according to Article 32 CMR.
Sea and multimodal transport – short deadlines, different rules
Even in maritime law, the time limit is short: Claims under maritime law generally expire after one year according to Section 612 of the German Commercial Code (HGB). If the transport is subject to the Hague-Visby Rules, a one-year limitation period applies, after which the claim is definitively extinguished. The difference to the statute of limitations is significant because a limitation period cannot be influenced by simply waiting or raising a defense.
In multimodal transport involving several modes of transport, the decisive factor is on which leg of the journey the damage occurred and which applicable regulations apply. If the location of the damage is unknown, the general time limits under freight law apply, whereby the special rules of Sections 452 et seq. of the German Commercial Code (HGB) must be observed. Deadlines are particularly prone to being overlooked at the interfaces between different modes of transport. For shipments via Dutch ports, our Dutch Desk provides additional support.
About our Dutch Desk We also accompany traffic via Rotterdam and Antwerp at the interface with Dutch law.
Container or multimodal transport with unclear deadlines? Have the applicable regime and deadline determined.
Inhibition through complaints – the lifeline
The short limitation period can be suspended, i.e., stopped. According to Section 439 Paragraph 3 of the German Commercial Code (HGB), the limitation period is suspended by a complaint until the debtor rejects fulfillment of the claim in writing. Within the scope of the CMR Convention, a written complaint pursuant to Article 32 Paragraph 2 CMR suspends the limitation period until the carrier rejects it in writing and returns the accompanying documents.
It is important to note that simply repeating a complaint is ineffective: further complaints concerning the same claim do not interrupt the statute of limitations. The complaint must clearly describe the claim and should be sent in a manner that ensures proof of delivery, as the burden of proof for receipt lies with the party asserting the claim in the event of a dispute. A carefully formulated and documented complaint is therefore often crucial.
Do you want to suspend the deadline by filing a complaint? Have it drafted by a lawyer so that it actually has the desired effect.
Deadline checklist: How to secure your claim
Anyone wishing to enforce or defend claims under transport law should keep an eye on the deadlines from the outset. The following checklist will help:
- Determine the applicable regime: Clarify whether the German Commercial Code (HGB), the CMR Convention, maritime law or a multimodal regime applies, as the time limit and its commencement depend on this.
- Calculate the exact start of the deadline: Determine the relevant day based on delivery, delivery period or contract conclusion, and note that this day is not included in the calculation.
- Examine for qualified negligence: Check whether there was intent or equivalent negligence that extends the period to three years.
- Complain in good time: Prevent the statute of limitations from expiring by filing a legally sound complaint before the deadline expires.
- Consider waiving the statute of limitations or filing a lawsuit: Secure your claim if the deadline is about to expire by having the debtor waive the right to object or by filing a lawsuit.
Since missing a deadline means the complete loss of your claim, early action is crucial. The sooner the deadlines are clarified, the greater the scope for a solution. We support you with the calculation, the claim, and the enforcement process.
Is a deadline about to expire for you? Have your claims reviewed and secured in time.
Rogert & Ulbrich – Your lawyers in transport and forwarding law
Rogert & Ulbrich advises shippers, freight forwarders, carriers, and insurers on the calculation, suspension, and enforcement of deadlines under transport law. The lawyers Dr. Marco Rogert and Tobias Ulbrich and their multilingual team are familiar with the deadlines under the German Commercial Code (HGB), the CMR Convention and maritime law from daily practice.
We determine the applicable regime, calculate the start of the limitation period, formulate legally sound claims, and enforce your rights or defend against time-barred claims. Through our Dutch Desk We also take into account the Dutch legal situation regarding traffic via Rotterdam and Antwerp.
Whether it's an impending deadline, a disputed complaint, or a claim for damages: Arrange a initial consultation and secure your claims in good time.
