A Slovak carrier loaded goods in Nitra, unloaded them in Brno or Munich, and the customer seated in Czechia or Germany has not paid the invoice. The first question before bringing proceedings is: in which court? With an ordinary commercial contract the answer would be sought in the Brussels I bis Regulation. For carriage to which the CMR Convention applies, that is, carriage of goods by road for reward where the place of taking over and the place of delivery are situated in two different countries, at least one of which is a contracting country (Article 1(1) CMR), the special rules of the Convention take precedence.
Why the Convention governs, and not only the Regulation
The Brussels I bis Regulation expressly gives way to special international conventions:
This Regulation shall not affect any conventions to which the Member States are parties and which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments.
A court of a Member State may therefore found its jurisdiction on the Convention even against a defendant from another Member State, but a judgment given on that basis is recognised and enforced under the Regulation (Article 71(2)(a) and (b)).
Where you may sue
Under Article 31(1) of the Convention, in a dispute arising out of carriage the claimant may, in addition to the courts of contracting countries designated by agreement between the parties, sue in the courts of a country within whose territory:
- the defendant is ordinarily resident, or has its principal place of business, or the branch or agency through which the contract of carriage was made, or
- the place where the goods were taken over for carriage or the place designated for delivery is situated.
For a Slovak carrier this has a practical consequence. If it took over the goods in Slovakia, it may sue for the freight charges in a Slovak court even against a customer from Czechia or Germany, regardless of where the customer is seated. It may equally sue in the state of unloading, or directly in the state where the customer is seated and holds assets, which will later make enforcement easier.
An agreed court is, on the wording of Article 31(1), one option alongside the others. Stipulations departing directly or indirectly from the Convention are null and void (Article 41(1)); how a particular court will treat a clause seeking to confine jurisdiction to a single court must be assessed on its wording. An arbitration clause is permissible only if it provides that the arbitration tribunal shall apply the Convention (Article 33).
One restriction always applies: where proceedings concerning the same claim between the same parties are already pending before a competent court, or where judgment has been given in them, no fresh action on the same ground may be brought elsewhere, unless the first decision is not enforceable in the state where the fresh action is brought (Article 31(2)).
Which law governs interest and the rest
The Convention governs above all the carrier’s liability, claims and limitation; claims arising out of carriage are generally time-barred after one year (Article 32(1)). Questions it does not address, for instance the rate of default interest on the freight charges, are assessed under the law applicable to the contract. Where the parties have not chosen it, the Rome I Regulation provides for contracts for the carriage of goods:
To the extent that the law applicable to a contract for the carriage of goods has not been chosen in accordance with Article 3, the law applicable shall be the law of the country of habitual residence of the carrier, provided that the place of receipt or the place of delivery or the habitual residence of the consignor is also situated in that country. If those requirements are not met, the law of the country where the place of delivery as agreed by the parties is situated shall apply.
A Slovak carrier that took over the goods in Slovakia is therefore generally governed by Slovak law as regards default interest. How interest on an invoice between a Slovak and a Czech company is determined under the applicable law is explained in our answer on default interest on an invoice between Czechia and Slovakia.
A freight forwarder in the chain
If you did not receive the carriage directly from the owner of the goods but from a freight forwarder, that forwarder is your contractual partner. Under Slovak rules, a freight forwarder arranges carriage in its own name for the principal’s account (Section 601(1) of the Commercial Code), so you pursue the freight charges primarily against whoever ordered the carriage from you. The order and the communication accompanying it are therefore as important as the consignment note itself.
Enforcing the judgment in the debtor’s state
A judgment given in a Member State which is enforceable there is enforceable in the other Member States without any declaration of enforceability (Article 39 of the Brussels I bis Regulation). For judgments in disputes arising out of carriage under the Convention, a judgment enforceable in one contracting country becomes enforceable in the other contracting countries once the formalities prescribed in the country concerned have been complied with (Article 31(3) CMR). Moreover, a claimant seated in one of the contracting countries may not be required to give security for the costs of proceedings in disputes arising out of carriage (Article 31(5)).
How to proceed
Before bringing proceedings, check where the goods were taken over and unloaded, who ordered the carriage from you and where that party holds assets. On that basis we will choose the court that is quickest for you and at the same time closest to the debtor’s money. We recover freight charges from Slovak and Czech customers under our recovery of freight charges service; where the dispute is between a Slovak and a Czech company, we deal with the procedure and enforcement in the other state within cross-border debt recovery. As limitation runs quickly, see also our answer on the one-year limitation of freight charges under the CMR and, where an invoice has been reduced, our article on setting off damage against freight charges.
This article provides general legal information as at 12 September 2026. It does not constitute legal services or advice on your specific matter. Laws change and the details of your situation may differ. Check the appropriate course of action or contact us before making a decision.
