Freight law
Freight law and carriage of goods by road

Freight law. Where cargo, contract and timing must fit together.

Loss, damage and delay are rarely resolved by a single document. This portal connects the transport contract, consignment note, evidence, liability roles and time limits and guides you to focused topics, checks and checklists.

BRANDAUER Rechtsanwälte
Contact person

Mag. Bernhard Brandauer, Austrian attorney-at-law

BRANDAUER Rechtsanwälte

Mag. Bernhard Brandauer assists with the legal assessment of transport contracts, cargo damage and freight claims.

CMR
cross-border carriage
AT
Austrian legal context
3
languages
Approach

From the first damage notice to a reliable transport file.

In freight matters, the claim, possible defences and the available evidence are closely connected. A structured process helps reconstruct the parties, the contractual chain and the condition of the cargo.

01

Clarify roles and instructions

Consignor, consignee, carrier, subcontracting carrier and freight forwarder may perform different tasks. The instructions, actual process and businesses involved need to be reviewed together.

02

Preserve evidence early

Consignment note, proof of delivery, reservations, photographs, packaging, temperature records and correspondence should be linked to a specific shipment and time.

03

Organise limits and claims

Notice requirements, liability limits, limitation periods and possible defences are separate questions. Early documentation reduces the risk of losing decisive information.

Begin with the specific transport event. The topic pages explain the legal connections, the interactive checks organise the first questions and the checklists help assemble the relevant documents.

CMR liability check

CMR liability check

Interactive orientation on liability, reservations and documents.

Legal context

Freight law combines contract, liability and evidence.

A cargo claim can only be assessed reliably if the contract, route, roles of the parties and actual condition of the goods are considered together. Depending on the facts, the CMR, Austrian commercial and civil law, contractual terms and other transport rules may interact. Fracht-recht.at is the multilingual specialist portal of BRANDAUER Rechtsanwälte. It helps businesses and affected parties structure the facts, identify relevant records and prepare a focused legal review.

FAQ

Common questions about freight law

When does the CMR apply to a transport? +
The CMR generally covers paid carriage of goods by road where the place of taking over and the place designated for delivery are in different countries and the other requirements are met. The actual route, parties and any multimodal segment need to be considered.
What should be preserved first after cargo damage? +
Preserve the transport instruction and consignment note, proof of delivery, reservations, photographs, packaging, weight or temperature data and correspondence with the carrier, consignee and insurer. Time, place and connection to the shipment should remain clear.
Is a transport contract invalid without a complete consignment note? +
A missing or defective consignment note does not automatically invalidate the contract of carriage. It may, however, make proof more difficult. The agreement may then need to be reconstructed from instructions, correspondence, taking over, delivery and other records.
Which time limits apply to loss, damage or delay? +
That depends on the applicable rules, type of loss, delivery and statements already made. Notice requirements and limitation periods are different questions. Critical dates should therefore be reviewed early on the basis of the complete file.
Who may be liable where several transport companies were involved? +
The contractual carrier, performing or successive carriers, subcontracting carriers and any forwarding role need to be examined. The instructions, transport documents, actual performance and possible period of loss or damage are central.
Which documents help with an initial legal assessment? +
Useful material includes the transport order or framework agreement, consignment note, delivery note, proof of delivery, invoice, complaint, damage photographs, insurance records and a short chronology. Delay and temperature-controlled transport may also require time, tracking and temperature data.

Discuss a freight-law matter

Briefly describe the route, the parties and the event. We will discuss which documents and next review step may be useful.

Contact

Clarify a freight-law question

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg