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Regulated activities and contracts · France and Switzerland : separate country-labelled rules

CMR cargo damage: reservations and claim evidence

An international road-cargo loss or damage file should first establish whether the CMR applies. Route, consignment note, delivery observations and claim chronology serve different purposes. France and Switzerland are considered within that convention's scope, rather than through a domestic-carriage shortcut. The evidence map distinguishes reservations and litigation timing without promising that a reservation automatically establishes liability or the recoverable amount.

Version in force on10 February 2021Sources checked1 November 2026

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  • Official texts cited
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By the AlphaDeep legal editorial team

General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.

Julie by AlphaDeep

Illustrative conversation
Example question

What does the consignment note show?

Julie Illustration

Match sender, carrier, goods and route. Under article 4, an absent or irregular note does not automatically erase a convention-governed contract.

Read the references

Your question concerns “CMR cargo damage: reservations and claim evidence”. I can help organise the facts and records. Which document have you received or prepared, and is this a French or Swiss matter?

French law

3 free questions at signup. Avoid names and sensitive information.

Answer

Does the transport actually fall under CMR?

Article1 concerns paid road carriage between different contractual pickup and delivery countries, with at least one contracting State and exclusions. It is not every domestic delivery rule.

CMR SR0.741.611 : Art. 1CMR SR0.741.611 : Art. 4CMR SR0.741.611 : Art. 6CMR SR0.741.611 : Art. 30CMR SR0.741.611 : Art. 32

Answer

What does the consignment note show?

Match sender, carrier, goods and route. Under article 4, an absent or irregular note does not automatically erase a convention-governed contract.

Answer

When and how was damage identified?

Separate apparent damage, non-apparent damage and joint inspection. Article30 does not treat every reservation identically.

Tool

Which records are still missing from your file?

Indicate which records you have. The result identifies gaps and prepares a complete question for Julie, without requiring an account.

julie://tool/echeancierNothing leaves your browser

Answers stay on this page until you explicitly continue to Julie. Avoid names and sensitive information.

Fictional example · Your preparation

Point to complete: Claim and chronology. Keep delivery, reservations, receipt and response. Article32 limitation and article 30 reservations are separate mechanisms.

International route and contract
Record available
Consignment note
Record available
Delivery and reservations
Record available
Claim and chronology
Needs checking
Records indicated
3 / 4
  1. Which written claim and dates exist?

This worksheet organises records; it does not establish admissibility, entitlement or a procedural outcome.

Answer

Which written claim and dates exist?

Keep delivery, reservations, receipt and response. Article32 limitation and article 30 reservations are separate mechanisms.

Comparison

Which documents answer which questions?

Which documents answer which questions?
Record or informationIssue to check
International route and contractArticle1 concerns paid road carriage between different contractual pickup and delivery countries, with at least one contracting State and exclusions. It is not every domestic delivery rule.
Consignment noteMatch sender, carrier, goods and route. Under article 4, an absent or irregular note does not automatically erase a convention-governed contract.
Delivery and reservationsSeparate apparent damage, non-apparent damage and joint inspection. Article30 does not treat every reservation identically.
Claim and chronologyKeep delivery, reservations, receipt and response. Article32 limitation and article 30 reservations are separate mechanisms.

CMR SR0.741.611 : Art. 1CMR SR0.741.611 : Art. 4CMR SR0.741.611 : Art. 6CMR SR0.741.611 : Art. 30CMR SR0.741.611 : Art. 32

Answer

Do seven days automatically extinguish every claim?

No. Article30(1) includes an evidential presumption and non-apparent-damage reservation conditions with excluded days. Do not convert it into universal extinction.

CMR SR0.741.611 : Art. 1CMR SR0.741.611 : Art. 4CMR SR0.741.611 : Art. 6CMR SR0.741.611 : Art. 30CMR SR0.741.611 : Art. 32

The law

Which official provision helps explain this situation?

1. La présente Convention s’applique à tout contrat de transport de marchandises par route à titre onéreux au moyen de véhicules, lorsque le lieu de la prise en charge de la marchandise et le lieu prévu pour la livraison, tels qu’ils sont indiqués au contrat, sont situés dans deux pays différents dont l’un au moins est un pays contractant. Il en est ainsi quels que soient le domicile et la nationalité des parties.

CMR SR0.741.611 : Art. 1Version in force on 10 February 2021Read on Fedlex

In plain English: No. Article30(1) includes an evidential presumption and non-apparent-damage reservation conditions with excluded days. Do not convert it into universal extinction.

Answer

Does delay use exactly the same reservation rule?

Article30 has a specific twenty-one-day written-reservation branch for delay. Identify the actual harm alleged.

CMR SR0.741.611 : Art. 1CMR SR0.741.611 : Art. 4CMR SR0.741.611 : Art. 6CMR SR0.741.611 : Art. 30CMR SR0.741.611 : Art. 32

Answer

Does every letter suspend limitation indefinitely?

Article32 has conditions concerning written claim, receipt, rejection and returned records. The worksheet calculates no deadline without those facts.

Answer

What does the CMR file prepare?

It organises international scope, note, delivery and claim. It guarantees no compensation and does not govern an excluded transport.

Frequent questions

What other questions arise in this file?

What does the consignment note show?

Match sender, carrier, goods and route. Under article 4, an absent or irregular note does not automatically erase a convention-governed contract.

CMR SR0.741.611 : Art. 1CMR SR0.741.611 : Art. 4CMR SR0.741.611 : Art. 6CMR SR0.741.611 : Art. 30CMR SR0.741.611 : Art. 32

Which written claim and dates exist?

Keep delivery, reservations, receipt and response. Article32 limitation and article 30 reservations are separate mechanisms.

CMR SR0.741.611 : Art. 1CMR SR0.741.611 : Art. 4CMR SR0.741.611 : Art. 6CMR SR0.741.611 : Art. 30CMR SR0.741.611 : Art. 32

Do seven days automatically extinguish every claim?

No. Article30(1) includes an evidential presumption and non-apparent-damage reservation conditions with excluded days. Do not convert it into universal extinction.

CMR SR0.741.611 : Art. 1CMR SR0.741.611 : Art. 4CMR SR0.741.611 : Art. 6CMR SR0.741.611 : Art. 30CMR SR0.741.611 : Art. 32

Does every letter suspend limitation indefinitely?

Article32 has conditions concerning written claim, receipt, rejection and returned records. The worksheet calculates no deadline without those facts.

CMR SR0.741.611 : Art. 1CMR SR0.741.611 : Art. 4CMR SR0.741.611 : Art. 6CMR SR0.741.611 : Art. 30CMR SR0.741.611 : Art. 32

Sources

Which official references should you consult?

  1. CMR SR0.741.611 : Art. 1Fedlex
  2. CMR SR0.741.611 : Art. 4Fedlex
  3. CMR SR0.741.611 : Art. 6Fedlex
  4. CMR SR0.741.611 : Art. 30Fedlex
  5. CMR SR0.741.611 : Art. 32Fedlex

Texts cited last checked: 1 November 2026

Next steps

Which neighbouring situations should remain separate?