Element 76Element 74Element 77Element 73 Element 73

Legal expertise
for the benefit of the railways

Case Law

The texts are currently published only in English, but translations are underway and will be available soon.

Modified
2024-07-15

Can the claim be used for compensation for the repair costs of the wagon? Are wagon demurrage charges during the repair period also included?


Modified
2024-07-15

When does multimodal carriage of goods by road and rail take place under COTIF/CIM?

Opinion

Modified
2024-07-15

Is making out the CIM consignment note to be considered proof of a cross-border contract of carriage?

Opinion

Modified
2024-07-15

Period for preservation of transport documents in international carriage of goods by rail?

Opinion

Modified
2024-07-15

Is there a legal obligation to indicate UTI numbers on the CIM consignment note?

Opinion

Modified
2024-07-15

Carriage of dangerous goods by rail: what legal issues arise?

Opinion

Modified
2024-07-15

Who is liable in case of carriage of loaded freight wagons?

Opinion

Modified
2022-10-28

Verification of the consignment note

What is the procedure if, at the request of the consignor, the carrier checks the tare of the wagon to determine the mass of a consignment and finds a significant difference from the weight indicated on the wagon?

Opinion

Modified
2022-10-28

Residues in tank wagons

How is the movement of tank wagons with residues organised? Are they moved as means of transport under the CUV/GCU regime or as goods under the CIM regime?

Opinion

Modified
2022-10-28

What should we do about dead locomotives?

Locomotives with power disconnected (dead locomotives) are increasingly being moved in freight trains to allow them to be used for shunting operations elsewhere. This raises the question...

Opinion

Modified
2022-10-28

Amendments to the contract of carriage

May the consignor ask to amend the information shown on the CIM consignment note in boxes 13 (Commercial specification), 14 (Number of customer agreement or tariff) or 20 (Payment instructions)?

Opinion

Modified
2022-10-28

Use of shunting restriction labels

May a customer apply a “loose and gravity shunting prohib­ited” label to each wagon as a precautionary measure?

Opinion

Modified
2022-10-17

Completion of formalities required by customs

Who is the principal for completion of formalities which customs authorities require for wagons?

Opinion
Switzerland

Modified
2022-10-17

Consignment of freight traffic

Opinion

Modified
2022-10-17

Delivery of the goods

Opinion

Modified
2022-10-17

Charges for load adjustment

Opinion

Modified
2022-10-17

Right to modify the contract of carriage

Opinion

Modified
2022-10-17

Legal consequences in case of circumstances preventing delivery?

Opinion

Modified
2022-10-17

Cross-border carriage of parcels by rail

Opinion

Modified
2022-10-17

CIM/SMGS Claims

Opinion

Modified
2022-10-17

Payment instructions on the CIM consignment note

Opinion

Modified
2022-10-17

Calculating carriage charges

Opinion

Modified
2022-10-17

Showing details of the carrier on the consignment note

Opinion

Modified
2022-10-17

Number of consignment notes

Opinion

Modified
2022-10-17

Importance of the entry included in the consignment note for the international carriage of goods in open wagons

Opinion

Modified
2022-10-17

Accept a consignment

Opinion

Modified
2022-10-17

Handover of consignments between carriers

Opinion

Modified
2022-10-17

Hand-over of goods between carriers

Opinion

Modified
2022-10-17

Persons for whom the carrier is liable within the meaning of Article 40 CIM - various issues

Opinion

Modified
2022-10-17

Movement by the wrong carrier

Opinion

Modified
2022-10-17

Use of infrastructure and use of wagons: evaluation of the damage done to a wagon

Opinion

Modified
2022-10-17

Damage caused to goods by railway-owned wagons

Opinion

Modified
2022-10-17

Defective loading by the consignor

Opinion

Modified
2022-10-17

Charges for rectifying loads

Opinion

Modified
2022-10-17

Costs of experts

Opinion

Modified
2022-10-17

Responsibility in case of a hailstorm

Opinion

Modified
2022-10-17

Preventing carriage

Opinion

Modified
2022-10-17

Damage through wettage

Opinion

Modified
2022-10-17

Compensation to be paid in the event of loss of the goods

Opinion

Modified
2022-10-17

Compensation for loss and damage

Opinion

Modified
2022-10-17

Recording of loss and damage

Opinion

Modified
2022-10-17

Sharing out the costs of loss and damage in transit

Opinion

Modified
2022-10-17

Compensation in the event of damage

Opinion

Modified
2022-10-17

Extinction of the right of action for compensation in the event of exceeding the transit period

Opinion

Modified
2022-10-17

Unpaid invoices for providing carriage ‒ time limit for taking action

Opinion

Modified
2022-10-17

Damage to packaging

Opinion

Modified
2024-07-15

Is the interruption of the period of limitation under CIM UR permitted?

Opinion

Modified
2022-10-26

Circumstances preventing delivery

Opinion, Decision
Switzerland, Germany

Modified
2022-10-17

Can copies of the CIM consignment note be used in cross-border rail freight?

Opinion

Modified
2022-10-17

Which information on missing goods in freight wagons should be legally provided?

Opinion

Modified
2024-07-15

Ascertainment of partial lost or damage of goods by rail: scope and application of the CIT20 formal report?

Opinion

Modified
2022-10-17

What rights of disposal in the event of circumstances preventing carriage?

Opinion

Modified
2022-10-17

What language rules apply when completing the CIM consignment note?

Opinion

Modified
2022-10-17

Languages rules in the CIM Consignment Note

What language rules apply when completing the CIM consignment note?

recommendation
Switzerland

Modified
2022-10-17

How are wagons in cross-border rail freight to be indicated in the wagon list

Opinion

Modified
2022-10-17

Which route to choose for international rail freight shipments?

Opinion

Modified
2022-10-17

Who may give subsequent orders to amend a cross-border contract for the carriage of goods?

Opinion

Modified
2024-07-15

What is the limitation of liability for the loss of a wagon in accordance with the GCU ?

Opinion

Modified
2022-10-17

The limitation of liability for the loss of a wagon

What is the limitation of liability for the loss of a wagon in accordance with the GCU? Can the liability for the loss of a wagon be limited to the repair costs in accordance with Article 19 GCU?

recommendation
Switzerland

Modified
2024-07-15

Freight consignments without transport documents

Freight consignments without transport documents

Opinion
Switzerland

Modified
2024-07-15

Can a contract of use of vehicles be concluded free of charge?

Opinion

Modified
2024-07-15

Sub-contracted carriage of empty vehicles in international railway law?

Opinion

Modified
2022-10-17

Documents accompany wagons handed over as “goods travelling on their own wheels” in cross-border rail traffic?

Which documents accompany wagons handed over as “goods travelling on their own wheels” in cross-border rail traffic?

recommendation
Switzerland

Modified
2022-10-17

Is the substitute carrier bounded by the transit period agreed between the contractual carrier and the consignor?

recommendation
Switzerland

Modified
2024-07-15

Which documents accompany wagons handed over as “goods travelling on their own wheels” in cross-border rail traffic?

Opinion

Modified
2024-07-15

Is the substitute carrier bounded by the transit period agreed between the contractual carrier and the consignor?

Opinion

Modified
2024-07-15

Self-contracting in international rail transport law

Opinion

Modified
2024-07-15

Entering information using codes in the CIM consignment note

Opinion

Modified
2024-07-15

Entering details of the contractual carrier on the consignment note

Opinion

Modified
2024-07-15

Application of the AIM by the substitute carrier

Opinion

Modified
2024-07-15

Completing the formal report (CIT20)

Opinion

Modified
2024-07-15

Modification of the contract of carriage

Opinion

Modified
2024-07-15

Declaration of the value of goods in the CIM consignment note

Opinion

Modified
2022-10-17

Declaration of the value of goods in the CIM consignment note

Who is responsible for providing details of the value of the goods? How is the value of the goods declared in the consignment note? How is the declaration of value to be handled for different goods?

Opinion
Switzerland

Modified
2024-07-15

Information on dangerous goods in the CIM/SMGS consignment note

Opinion

Modified
2024-07-15

Acceptance of the goods for carriage – creating the wagon label

Opinion

Modified
2024-07-15

Start and end of the Contract of International Carriage of Goods by Rail

Opinion

Modified
2024-07-15

How are transit periods calculated in international freight traffic?

Opinion

Modified
2024-07-15

How do successive carriers allocate liability among themselves?

Opinion