Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway

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The Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway ( French Convention de Budapest relative au contract de transport de marchandises en navigation intérieure ; CMNI) is an international agreement that was unanimously approved in Budapest in October 2000 by the representatives of the European states that Operate inland navigation, was adopted.

Currently (as of February 2011) 15 signatory states have deposited their instruments of ratification. Switzerland and Serbia have made declarations on the agreement and its accession.

For Germany, the agreement entered into force on November 1, 2007.

The agreement is equally binding in its German, English, French, Dutch and Russian language versions (Art. 38 CMNI).

content

The agreement regulates international freight traffic on inland waterways.

The agreement is applicable if the port of loading or takeover and the port of discharge or delivery are in two different states and at least one of these states is a party to the agreement (Art. 2 CMNI). [Note: If goods are only transported within Germany on inland waterways, "only" §§ 407 ff. Of the German Commercial Code (HGB) apply.]

  • The carrier must transport the goods on the basis of the freight contract (with the sender) and deliver them to the recipient at the place of delivery within the deadline and in the same way as he received the goods (Art. 3 Para. 1 CMNI). Unless otherwise specified, the goods are taken over (by the carrier) and delivered to the ship, i. H. Normally the carrier is not responsible for loading and unloading (Art. 3 Para. 2 CMNI). Unless otherwise contractually agreed, the carrier may determine the ship to be used himself (Art. 3 Para. 3 CMNI); Otherwise, the freight carrier may only reload in the exceptional cases specified in Paragraph 4, if the transport has been agreed with a specific ship or ship type (Art. 3 Paragraph 4 CMNI).
  • The sender first owes the payment of the (agreed) freight. In addition, the sender usually has to carry out loading and unloading. The carrier is also entitled to information about the transported goods (especially in the case of the transport of dangerous goods) and to the delivery of all necessary shipping documents by the sender.
  • Regulations on the freight documents can be found in Art. 11-13 CMNI.
  • The rights of disposal (instruction rights) are defined in Art. 14, 15 CMNI.
  • A “no-fault liability of the sender” (also for misconduct by his people) results from Art. 8 CMNI. This liability on the part of the sender can, however, be limited by the fault of the carrier or his people (Art. 8 Paragraph 1 Clause 2 CMNI).
  • The "liability of the carrier" is defined in Art. 16 ff. CMNI:
    • Thereafter, the carrier is liable for so-called "suspected fault" for the damage caused by loss or damage to the transported goods in the time from the acceptance of the goods to the delivery period (so-called custody liability ) as well as for exceeding the delivery period , unless he can prove it that the damage was caused by circumstances which a careful carrier could not have avoided and the consequences of which he could not have averted.
    • Liability of the carrier for damage caused by employees or agents deployed by him: Art. 17 CMNI.
    • Special "reasons for exclusion of liability" (i.e. if these reasons exist, the carrier is generally not liable!): Art. 18 Paragraph 1 CMNI with the presumption rule of Paragraph 2.
    • Further grounds for exclusion of liability are contractually agreed in accordance with Art. 25 Paragraph 2 CMNI (e.g. grounds for exclusion of liability for nautical fault ). After h. M., the special reasons for exclusion of liability of Art. 25 Para. 2 CMNI can also be agreed through general terms and conditions, in particular through the customary "International Loading and Transport Conditions for Inland Shipping (IVTB)".
    • "Maximum liability amounts": Art. 20 CMNI [unless one of the elements of Art. 20 Paragraph 4 or Art. 21 CMNI intervenes, as the carrier or his employees can then no longer invoke the maximum liability amounts and either the higher stipulated Value (for Art. 20 Para. 4 CMNI) or unlimited liability (for Art. 21 CMNI)!].
  • Notification of damage: Art. 23 CMNI (note especially short notification periods: 7 days for visible damage / 21 days for damage caused by delay).
  • Limitation: Art. 24 CMNI (limitation period 1 year to the day, beginning with the day of delivery or the date on which delivery should have been made).
  • Deviations lead - except in the individual cases provided for in the CMNI - to the nullity of the corresponding deviating provision (Art. 25 Paragraph 1 CMNI), but not to the nullity of the entire transport contract.

literature

  • Klaus Ramming: Hamburg manual on inland waterway freight law. 1st edition, CH Beck, Munich 2009, ISBN 978-3-406-58262-2 .
  • Wieske: Transport law recorded quickly. 3rd edition, Springer, Berlin / Heidelberg 2012.
  • Koller: Transport law. Comment. 9th edition, CH Beck, Munich 2016, ISBN 978-3406701139 .
  • Olaf Hartenstein, Fabian Reuschle (ed.): Handbook of the specialist lawyer for transport and forwarding law. 3rd edition, Carl Heymanns, Cologne 2014.
  • Markus Jaegers: On the entry into force of the CMNI. In: Transport Law. 2007, p. 141.
  • Olaf Hartenstein: Cross-border transports in inland shipping. Transport Law, 2007, 385.
  • Munich Commentary on the Commercial Code . 3. Edition. tape 7 : Transport law . Beck-Verlag, Munich October 2014 (Note: with comments on ADSp, CMR, MÜ, CMNI, COTIF and the new German maritime trade law).
  • Klaus Ramming: First legal questions about CMNI - employees, agents, executing carriers. transpr 2008, p. 107.
  • Werner Korioth: International Conditions of Loading and Transport for Inland Shipping 2009 (IVTB). In: Transport Law . 2009, p. 149.

Web links

Individual evidence

  1. ↑ Status of the agreement with the list of acceding countries and the reservations made by these countries on the website of the Central Commission for Navigation on the Rhine - status: 02/2011 ( ccr-zkr.org PDF).
  2. ↑ Published in the Federal Law Gazette of March 17, 2007, Federal Law Gazette 2007 II, No. 8, p. 298 (issued on March 22, 2007).
  3. ↑ Page no longer available , search in web archives: Interview with Dr. Korioth on the introduction of the IVTB (PDF; 3.1 MB) In: VBW compact. Issue 01/2009, p. 4 ff.@1@ 2Template: Toter Link / www.vbw-ev.de