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

Since COTIF 1999, the contract for the international carriage of goods by rail has been one entered into by mutual consent (Art. 6 CIM). The CIM consignment note serves as prima facie evidence of the conclusion of the contract of carriage. If a consignment note is made out for the cross-border movement, its content must comply with the mandatory provisions of Art. 7 CIM. Additional information may be entered in the consignment note on a voluntary basis (Art. 7 § 3 CIM). The requirement to indicate in the consignment note that it is subject to the CIM Uniform Rules (CIM UR) follows the model of CMR Article 6 para 1 k). This provision serves on the one hand to inform the consignee that the movement is subject to the CIM, while on the other hand it can also be seen as the parties’ choice of the statute governing the international contract of carriage. This is particularly important if legal proceedings ensue in states which are not signatories to COTIF. If the consignment note indicates that it is subject to the CIM UR, the domestic national courts as lex fori must apply the provisions of Art. 5 CIM as mandatory law, unless prohibited for reasons of public order (ordre public) or by mandatory provisions of national law in the country concerned.

As such, the contract of carriage is confirmed by a consignment note which accords with a uniform model drawn up by the international associations of carriers in agreement with the customers’ international associations and the bodies having competence for customs matters – see also Art. 6 § 2 in connection with 6 § 8 CIM. This basic idea and legal system of COTIF/CIM has been transposed into the CIT freight products for CIT members and their customers, and allows them wide-ranging freedom in terms of the language(s) used to compile the CIM consignment note. The CIT “CIM Consignment Note Manual” (GLV-CIM) provides as follows for language rules in Appendix 2 Point 1.1 (for the instructions pre-printed on the consignment note) and Appendix 2 Point 1.2 (on completing the consignment note): “The consignment note is to be printed in one or more languages of which one must be either English, or French or German. The consignor and carrier may agree alternative arrangements.”

erik.evtimov(at)cit-rail.org