Transport Law

In a field that is essential to the economy yet constantly exposed to operational, legal, and administrative risks, transport law is a complex branch that governs the relationships between carriers, shippers, consignees, and public authorities.

What services do we offer in the field of transport law?

We have a solid practice in transport-related litigation and advisory services, providing prompt solutions tailored to the commercial, logistical, and legal context in which our clients operate. Whether it concerns challenges against road traffic fines, debt recovery, or incidents involving contractual liability, our approach is focused on protecting the client’s operational and financial interests.
 

Misdemeanor complaint

Fines imposed in the context of transport activities can have a significant impact, whether they concern exceeding the maximum permitted weight, failure to comply with driving and...read more rest time requirements, lack of documentation (CMR consignment note, transport license, etc.), or other regulatory breaches.

Action concerning the carrier’s liability

The carrier is liable for the loss, damage, or delay of the goods, in accordance with the Civil Code (Articles 1955 et seq.) and the CMR Convention for international transport. Exoneration from liability is possible only under conditions strictly provided by...read more law.We provide comprehensive assistance in such disputes—from the analysis of evidence and notification of the opposing party to representation before the courts. We ensure that each case is handled efficiently, in a manner tailored to the client’s operational and contractual realities.

Action for recovery of the transport charges

When the beneficiary of the transport service refuses or delays payment for the services rendered, the carrier is entitled to recover the corresponding amount through legal means.We analyze the contractual...read more grounds (transport order, accepted offer, confirmed invoice), address any objections relating to the performance of the service, and pursue recovery of related costs, including interest, penalties, and fees. Where applicable, we also assess the possibility of exercising the right of retention over the goods (Article 2495 of the Civil Code) or relying on other contractual guarantees.

Frequently asked questions about transport law

Below are some of the most frequently asked questions we receive from our clients regarding financial and banking law. For any additional questions, please do not hesitate to contact us.
01

What documents are required for the international transport of goods?

It depends on the mode of transport, but generally the following documents are required: the consignment note (e.g., CMR), the commercial invoice, the packing list, the certificate of origin, and any required licenses or permits. The carrier must verify the requirements of the destination and transit countries.

02

Who is liable in the event of damage to the goods during transport?

As a rule, the carrier is liable unless it can prove the existence of an exonerating cause (force majeure, inadequate packaging, incorrect instructions, etc.). Liability may be limited in accordance with the applicable international conventions (CMR, CIM, etc.).

03

What can be done if the goods are detained at customs?

A challenge may be filed against the detention measure, provisional release may be requested subject to the provision of a guarantee, or claims for damages may be brought against the competent authority. Complete and accurate documentation is essential.

04

Can carriers retain the goods for non-payment of the transport service?

Yes, under certain conditions, the carrier has a right of retention over the goods until payment for the services rendered, in accordance with the Civil Code and the applicable conventions. However, the exercise of this right must comply with the legal limits.

05

How can a road traffic fine imposed during a transport operation be challenged?

A misdemeanor complaint must be filed against the infringement report within 15 days from its service. It is important to rely on clear evidence, including transport documents, GPS data, tachograph charts, or video recordings, where applicable. A lawyer may argue the nullity or unlawfulness of the sanction.

Comprehensive legal services
With 18 years of experience, we deliver reliable and effective legal solutions for a wide range of legal challenges, including intellectual property, public procurement, business law, and beyond.
Contact
Legal insights
Current articles and information across diverse legal fields, intended to enhance understanding of the legal framework and its practical implications.