Freight law
Damage notices and claims

Cargo damage notice: receipt, content and evidential value under the CMR

CMR cargo damage notices: electronic receipt, required content, the seven-day period for hidden damage and evidential value explained.

BRANDAUER Rechtsanwälte
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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.

11 September 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law

A cargo damage notice in international carriage by road must reach the carrier and identify the loss or damage to the particular consignment at least in general terms. Its evidential value depends on receipt, content, timing and the connection with the consignment note, delivery and damage records.

Article 30 CMR distinguishes between damage apparent at delivery and damage discovered later. For apparent damage, the consignee should make the reservation no later than delivery. For damage that was not apparent, the Convention provides for written notice within seven days after delivery, excluding Sundays and public holidays.

This article explains how an electronic damage notice can be sent, worded and preserved. Electronic transmission may help prove the communication, but it does not replace specific content or a case-specific review. The overview on consignment notes and documentation places the issue in the wider transport process.

Quick check

Is the CMR damage notice sufficient?

Check receipt, content and the type of damage. This quick check does not replace a review of the transport file.

01 Question 1

What is currently unclear about the damage notice?

Assess receipt, content and the transport records separately.

Result

Your orientation

01

Receipt of the damage notice must be preserved as a separate evidentiary issue.

Keep the sent message with its complete headers, recipient, attachments and sending time. Add an acknowledgement or a traceable reply from the carrier. An internal draft or a sending log without a link to the correct recipient does not reliably prove receipt.

02

The notice should at least generally identify the loss or damage.

State the consignment number, delivery date, affected packages and a short factual description. Add photographs and a condition report. Reserve liability without presenting an unverified cause as an established fact.

03

Hidden damage calls for prompt written notice and preservation of the finding.

Record when the damage was discovered and preserve the packaging and goods in that condition. Notify the carrier in writing through a traceable channel. For damage not apparent at delivery, Article 30 CMR provides for notice within seven days after delivery, excluding Sundays and public holidays.

04

The transport file provides a sound basis for further legal review.

Keep notice, records, consignment note and the carrier’s response in one unchanged file. Check whether the notice was timely, sufficiently specific and clearly linked to the affected consignment.

What Article 30 CMR requires for a damage notice

Article 30 paragraph 1 CMR governs reservations for loss or damage. If the damage is apparent, the reservation must be made no later than delivery. It should generally indicate the nature of the loss or damage. A blanket statement with no link to the condition of the particular consignment may be insufficient.

If the damage was not apparent at delivery, the reservation must be made in writing. The period is seven days after delivery, excluding Sundays and public holidays. The rule concerns notice to the carrier. An internal report to an insurer or accounting department does not replace it.

Article 30 paragraph 3 CMR contains a separate rule for delay. A claim for delay must be notified in writing within 21 days from the time the goods were placed at the consignee’s disposal. Damage and delay should therefore be identified separately in the notice. The guidance on CMR time limits adds context.

How electronic receipt can be proved

An electronic notice is useful in later proceedings only if its receipt can be shown. Send it to the claims address stated in the transport order, terms or ongoing correspondence. A personal address of a driver may create a separate question about whether the notice reached the carrier’s responsible office.

Preserve the message with sending time, recipient, subject, text, attachments and complete technical headers. In a portal, also save the consignment number, successful transmission and displayed confirmation as an unchanged export or record. An automated acknowledgement does not alone prove the message content, but it can connect that content to the receipt process.

Electronic delivery may support a written notice where the applicable law and agreed procedures recognise that form. The e-CMR Protocol permits electronic consignment notes and related statements, instructions and reservations subject to specific requirements. An ordinary e-mail should therefore not be treated automatically as a compliant electronic consignment note.

Which details the notice should contain

First identify the consignment precisely. Include the consignment or order number, sender, carrier, consignee, delivery date and delivery place. If several lots or vehicles are involved, identify the affected packages, marks and numbers separately.

Then describe the loss or damage factually. State, for example, which packages are missing, whether packaging is torn, whether goods are broken or wet, or which defect appeared during a function test. Photographs and a condition report should show when and to which consignment they relate.

The first notice does not always have to quantify the complete claim or prove its cause. It should reserve the claim in principle and make clear that a detailed assessment will follow if the extent is still unknown. Unverified statements about responsibility should be identified as provisional.

Distinguishing apparent and hidden damage

Apparent damage can be recognised at delivery without a special examination, such as torn packaging, a dented casing or visible contamination. The consignee should avoid confirming delivery with an unclear standard phrase. The condition should be described in the consignment note or a clearly linked report and supported by photographs where possible.

Hidden damage appears only after opening, unpacking or a reasonable functional test. The consignee should preserve the goods and packaging as found, notify the carrier promptly in writing and invite a joint inspection. The written notice under Article 30 CMR should not be confused with an internal note that never reaches the carrier.

The distinction depends on the goods and the reasonable scope of an ordinary delivery check. A short handover cannot reveal every internal break, moisture defect or functional problem. Companies handling valuable or sensitive goods should define and document their incoming inspection process.

The evidential value of the notice and records

The damage notice alone proves neither cause nor amount. Its evidential value increases when it is timely, clear and consistent with the consignment note, delivery record, photographs, packing list and later assessment. A wrong consignment number can undermine the notice even if a photograph shows the correct damage.

Preserve the carrier’s response, takeover reservations, temperature or telematics records, weight documents and any joint inspection. Later additions should remain as new dated versions. The original content must not disappear through later editing.

For an electronic CMR data set, authorised access, integrity and the change history must also be traceable. The guidance on electronic CMR records explains these requirements. The article on preserving evidence adds practical steps for photographs and delivery records.

Common errors in electronic notices

Reporting only internally: A message to an insurer or internal claims department is not notice to the carrier.

Choosing the wrong recipient: The notice must be attributable to a responsible carrier office and a traceable receipt.

Writing only “goods damaged”: Consignment number, affected packages, timing and the type of damage should be identified at least generally.

Failing to preserve receipt: Keep the sent message, portal confirmation and attachments in an unchanged file.

Confusing notice and final valuation: The claim can be reserved in principle before its final amount is known.

Overwriting the first version: Corrections and additions should remain visible as later versions.

What to document now

Prepare a chronology covering takeover, delivery, discovery, sending of the notice and each response. Link every event to the relevant document. This shows whether the notice was timely and what information was available at that point.

Preserve the transport file with the consignment note, order, delivery note, packing list, photographs, videos, condition report, e-mail history and portal record. Check every file for the correct consignment number. With hidden damage, preserve goods and packaging until inspection or evidence preservation has been considered.

If the carrier rejects the notice, disputes receipt or the cause remains unclear, the complete file should be reviewed legally. The CMR liability check provides initial orientation but does not replace a review of the individual transport.

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FAQ

Frequently asked questions about CMR damage notices

Is an e-mail sufficient as a damage notice under Article 30 CMR? +

An e-mail may support a written notice if it reaches the carrier in a provable way and the form is recognised in the particular relationship. Recipient, receipt, content and a clear link to the consignment are decisive. Preserve the complete message, attachments and sending or receipt evidence.

How specifically must the damage be described? +

The notice should at least generally indicate the nature of the loss or damage. State the consignment and package details, delivery date and factual damage. A final valuation may follow, but an entirely indefinite phrase such as “goods damaged” is weak evidence.

What period applies to hidden cargo damage? +

Article 30 CMR provides for written notice within seven days after delivery when the damage was not apparent. Sundays and public holidays are excluded from the calculation. The precise period should be checked against the delivery record and the transport file.

Must the final amount be stated in the first notice? +

The first notice should identify the damage in principle and clearly identify the consignment. The final amount may become clear later. Photographs, findings, invoices and a comprehensible assessment should nevertheless be secured immediately.

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