(CN) - Booking a move across Europe could soon come with a clearer heads-up, after a top EU legal adviser said transport companies must warn customers in advance if their goods might trigger customs fees when crossing into the bloc.

In her opinion to the Court of Justice of the European Union, Advocate General Tamara apeta said Europe's consumer law doesn't let traders stay silent about border costs that can dramatically change the price of a service. 

Carriers, she wrote, must "inform that consumer, prior to the conclusion of the contract, that the goods being transported may be subject to customs duties."

The case stems from a 2020 dispute in Lithuania between a man who hired a small shipping firm, Kigas MB, to carry his motorcycles and household goods from Norway to Lithuania for 450 euros (about $527). 

When Swedish customs officials stopped the truck at the EU border and demanded nearly 3,890 euros (about $4,558) in duties, the carrier paid and later billed the customer. He refused, arguing that Kigas had failed to warn him about customs rules.

Lower courts in Lithuania took the company's side, saying the customer - as the sender - was responsible for the paperwork under international transport rules. 

But the country's Supreme Court wasn't so sure and asked EU judges to weigh in on whether consumer law also puts a duty on movers to warn customers about possible customs fees before they shake hands on a deal.

apeta said it does. She reasoned that duties can heavily influence a consumer's decision to hire a carrier, especially when they can exceed the price of the service itself. 

The duty to inform, she explained, exists for two reasons. Customs fees can be steep enough to change a buyer's mind, and consumers cannot make an informed choice without knowing the real cost of crossing a border.

Still, apeta said the rule should strike a fair balance, framing the opinion around finding middle ground - protecting consumers without burying small businesses in red tape. 

Movers that also handle customs paperwork, she explained, have to go the extra mile by giving customers clear details on what documents are needed and how much the duties could cost. 

But for companies that simply drive the goods across the border, the burden is lighter: They just need to flag that extra fees might come up and explain in broad terms what kind of proof, like where the items came from or how much they're worth, could be required.

At the same time, she made clear that older transport laws putting paperwork on the sender don't erase the duty to warn customers in advance. What matters, she said, is transparency before the deal is made, not a surprise bill waiting at the end of the trip.

Norway, while part of the European Economic Area, sits outside the EU customs union, a detail at the heart of the dispute. Goods shipped from Norway into the EU must still go through customs, unless they meet origin-based exemptions. Without the right paperwork, even personal belongings can attract duties.

Joasia Luzak, a professor of private law and leading expert in European consumer law at the University of Exeter, said the opinion provides much-needed clarity on the scope of traders' information duties under EU law. 

She noted that linking the breadth of those duties to the kind of carriage contract involved "is a sensible step towards greater legal certainty," since it tailors consumer protection to the reality of how transport services are offered.

Luzak added that even smaller carriers hold more knowledge and bargaining power than individual consumers and should therefore do more than simply disclaim responsibility. 

They should at least outline which documents are typically required at customs - for example, proof of a shipment's value - she said, so consumers can make informed choices and avoid unexpected charges.

Kigas, the transport company named in the case, did not respond to a request for comment. The applicant, identified in court documents only as D.V., is a private individual, and no contact details or legal representatives were listed in the opinion.

apeta's opinion doesn't decide who should foot the bill, and that call now rests with Lithuania's Supreme Court. But if Europe's top judges take her lead, as they often do, the outcome could ripple through the cross-border transport world, from couriers and freight firms to small moving companies.

A final ruling is expected in the first half of 2026 and could give both national courts and transport companies a clearer roadmap for how to warn customers about hidden customs costs before the journey begins.

Courthouse News reporter Eunseo Hong is based in the Netherlands.

Source: Courthouse News Service