Debt collection proceedings through a freight exchange, such as the Timocom platform, primarily serve as a means of commercial and reputational pressure. The outcome does not constitute an enforceable title—the freight exchange cannot freeze the debtor’s account or seize their assets. Since communication between the creditor and the debtor takes place during the collection process, it is generally not necessary to send the debtor another written demand. It is recommended to file a lawsuit with the competent court as soon as possible.
2.5 WAYS TO ENFORCE A CLAIM
2.1 Arbitration Court
An arbitration court may only be used on the basis of a valid arbitration agreement or clause, which must bind the arbitrators to apply the rules of the CMR Convention. The advantages of this procedure are clear: it is faster, involves no extensive evidentiary proceedings, is usually conducted solely on the basis of written submissions, and is decided by experts in international transport. The proceedings generally conclude with the first decision on the matter, without the possibility of appeal. The defendant may file a lawsuit in a general court to set aside the arbitral award, but only on the grounds of the invalidity of the arbitration clause. The higher fee, which deters arbitration, is relative—court fees are generally reflected in the decision on costs, and the successful claimant is reimbursed for them.
2.2 General Court
A judgment of the General Court is enforceable in other EU Member States. The disadvantage is the longer duration of the proceedings (appeals, rounds of submissions, regional court—the entire process can drag on for several years, especially if the judgment is set aside and remanded for reconsideration).
2.2.1 European Payment Order
The European Payment Order (EPO) is an expedited cross-border procedure for monetary claims between parties from different EU Member States (with the exception of Denmark). It is filed using a standard form without an oral hearing. The court examines only the formal requirements of the application. If the defendant does not file an objection within 30 days of service, the EPO becomes final and enforceable—and is directly enforceable in all EU member states without further recognition. In transport disputes involving parties from multiple countries, the EPO is a highly effective tool. Common destinations for carriers, such as Denmark, Switzerland, Turkey, Belarus, and other non-EU countries, fall outside the scope of the EPR.
WHERE TO FILE A CLAIM? JURISDICTION UNDER ARTICLE 31 OF THE CMR
The CMR Convention takes precedence over the Brussels I bis Regulation. The creditor may choose from the following options: (i) the defendant’s domicile, registered office, or branch; (ii) the place of loading (where the goods were handed over for transport); (iii) the place of unloading (the destination); (iv) a written agreement between the parties on the competent court.
When selecting a court, it is advisable to consider the speed and cost of court fees in the given country, the location where the defendant has assets (enforcement of a judgment is easier where the assets are located), the rules of evidence and the availability of preliminary measures, as well as language accessibility and the costs of legal representation.
STATUTE OF LIMITATIONS: A THREAT LURKING IN EVERY CLAIM
The CMR Convention establishes the following limitation periods: 1 year — standard period; 3 years — in cases of intentional conduct or gross negligence by the debtor.
The start of the limitation period depends on the type of claim: in the case of partial loss, damage, or exceeding the delivery period, the period begins on the day the shipment is delivered to the consignee; in the case of total loss, from the 30th day after the expiration of the agreed delivery period, or from the 60th day after the shipment was accepted for transport if no delivery period was agreed; for other claims (e.g., an unpaid invoice), 3 months from the conclusion of the transport contract.
Practical consequence: a claim for an unpaid invoice arising from a transport contract becomes time-barred 15 monthsafter its conclusion. Act in a timely manner.
DAMAGE PREVENTION: CHEAPER THAN LITIGATION
5.1 On the Carrier’s Part
Key steps include: properly and fully completing the CMR consignment note; noting any reservations regarding the condition of the goods directly on the consignment note; documenting the condition of the goods with photographs during both loading and unloading; and ensuring the cargo is properly secured and fastened on the vehicle. If the driver accepts damaged goods, this must be clearly recorded—otherwise, the driver is liable for damage they did not cause, or must prove that the damage occurred without their involvement.
5.2 On the part of the shipper
The shipper should always provide the carrier with written shipping instructions—the transport chain may involve several parties, and a recourse claim against the carrier is much easier to prove if the instructions exist in writing. It is equally important to observe the limitation periods for raising objections: within 7 days of delivery of the goods for hidden damage and within 21 days for delays in unloading. Failure to observe these time limits significantly complicates the subsequent proof of the carrier’s liability.
