Statute of limitations for transport claims under the Transport Law

The question therefore arises as to which piece of legislation should be applied in a given case. To put it simply, the Transport Law Act will apply – in accordance with Article 1 – to the carriage of passengers and goods carried out for remuneration under a contract by authorised carriers, with the exception of transport by sea, air and horse. The provisions of the Act also apply mutatis mutandis to carriage performed by a carrier free of charge, as well as to international carriage, unless an international agreement provides otherwise. Therefore, in the case of the carriage of goods within Poland, it will be subject to the provisions of the Carriage Act. As a general rule, the carriage of goods within another country is also subject to the Carriage Act if the carrier and the customer are Polish entities. Where international carriage is involved, the provisions of the CMR Convention will apply.

In the Transport Law Act, the limitation periods are set out in Article 77 et seq. In accordance with the wording of these provisions, it is assumed that claims pursued under the Act or regulations issued for its implementation are subject to a limitation period of one year. Claims arising from a delay in carriage which did not result in loss or damage to the consignment become time-barred two months after the date of delivery of the consignment. Claims by a carrier against other carriers become time-barred six months after the date on which the carrier remedied the damage, or from the date on which legal proceedings were brought against it.

Importantly, the limitation period is calculated differently for claims arising from:

1. loss of the consignment – the limitation period runs from the date on which the entitled party could have regarded the consignment as lost;
2. loss, damage or delay in delivery – the period runs from the date of delivery of the consignment;
3. damage not visible from the outside – it runs from the date of the formal recording of the damage;
4. payment or refund of amounts due – from the date of payment, and where no payment was made – from the date on which it should have taken place;
5. shortage or surplus upon the liquidation of consignments – from the date of liquidation;
6. other legal events – from the date on which the claim became due.

The limitation period is suspended for the period from the date of lodging a complaint or a demand for payment until the date of a response to the complaint or demand for payment and the return of the attached documents, but for no longer than the period provided for the resolution of the complaint or demand for payment (Article 77(4)).

It should be borne in mind, however, that each case requires individual analysis and determination as to which provisions concerning the carriage of goods will apply. This choice determines, amongst other things, the limitation periods for claims, which differ for domestic and international transport.