{"id":100130,"date":"2026-07-10T08:27:40","date_gmt":"2026-07-10T06:27:40","guid":{"rendered":"https:\/\/ru.law\/?p=100130"},"modified":"2026-07-09T08:28:06","modified_gmt":"2026-07-09T06:28:06","slug":"verjaehrung-transportrecht-hgb-cmr","status":"publish","type":"post","link":"https:\/\/ru.law\/en\/verjaehrung-transportrecht-hgb-cmr\/","title":{"rendered":"Statute of limitations in transport law \u2013 an overview of the most important deadlines according to the German Commercial Code (HGB) and the CMR Convention."},"content":{"rendered":"

Standard deadlines, commencement of deadlines, suspension and the extended deadline in case of gross negligence \u2013 the deadline checklist for practical application<\/strong><\/h2>\n\n\n\n

In transport law, significantly shorter limitation periods apply than in other areas of commercial law. Anyone who exceeds the one-year period after \u00a7 439 HGB<\/a> 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.<\/p>\n\n\n\n

Why the statute of limitations determines your claim in transport law<\/strong><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

A complete overview of our services in transport and forwarding law<\/a> You can find it on our service page.<\/p>\n\n\n\n

Are you subject to a transport law deadline? Have the start date and the statute of limitations checked before your claim is lost.<\/p>\n\n\n\n

The standard period: one year according to \u00a7 439 HGB<\/strong><\/h2>\n\n\n\n

For claims arising from carriage subject to German freight law, a limitation period of one year applies according to \u00a7 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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

We will demonstrate how unlimited liability applies in such situations using the example of... unlimited liability for Value Added Services<\/a>.<\/p>\n\n\n\n

Unclear whether the one-year or three-year limitation period applies in your case? Have the fault and the limitation period reviewed.<\/p>\n\n\n\n

International road transport: the deadlines according to Article 32 CMR<\/strong><\/h2>\n\n\n\n

The following applies to cross-border road freight transport: CMR Convention<\/a>, 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).<\/p>\n\n\n\n