Transport Law in Hannover. Short deadlines, clear liability chains.
We draft carriage, logistics and warehousing contracts and pursue cargo claims within the short periods for notice and limitation.
Handling every mode of transport
Road, rail, sea and air each follow their own liability regime, with their own deadlines and their own caps. Which one applies turns on the route and on the contract, and that decides what is recovered in the end.
- Domestic carriage law under the German Commercial Code and international carriage under the CMR, COTIF and CIM
- Sea and air carriage, including the Montreal Convention
- Multimodal carriage and the allocation of the individual legs
- Delivery terms and Incoterms in business contracts
- The sale and supply relationships behind them are drafted by our practice area Commercial Law
Contracts for contract logistics and storage
Contract logistics is more than moving goods from A to B. Standard forms match neither the scope of services nor the standard of liability of such projects, and that is exactly where the dispute later arises.
- Logistics contracts with service level agreements and measurable indicators
- Warehousing contracts under sections 467 and following of the German Commercial Code and incorporating the ADSp
- Caps on liability and effectively agreed extensions through declarations of value
- Connecting the framework agreement, the individual order and the price adjustment
- The lease of the logistics property itself is handled by our practice area Commercial Lease Law
Managing claims within short deadlines
In transport law the first week decides the outcome. Damage that is not apparent must be notified within seven days, and the claims become time-barred after one year. Anyone who documents nothing in that time loses the basis for the claim.
- First assessment of damage, total loss, theft and financial loss caused by delay
- Notice given in time, documentation and the securing of evidence
- Defence against claims from contractual partners and third parties that are not justified
- Claims under carrier liability, forwarders and cargo insurance
- Where cover is in dispute, our practice area Insurance Law takes over
Moving the loss to where it arose
Several parties are usually involved in a single movement, from the main carrier through the forwarder to the subcontractor. The party liable to the customer is not the one that caused the loss. Recourse therefore has to run in parallel, not afterwards.
- Analysing the liability chain and identifying the party actually liable
- Third-party notices and notices of recourse given in time to suspend limitation
- Enforcing recourse claims against domestic and foreign carriers
- Establishing exclusions, such as an unavoidable event or inadequate packing by the sender
- Where a subcontractor cannot pay, we secure the claim with our practice area Insolvency Law
Driving times, tachographs and fines
Breaches of the driving personnel rules do not only reach the driver. The fine against the company can run to 30,000 euros, and entries on the record bear on its good repute and so on its licence.
- Implementing the rules on driving and rest times in fleet management
- The digital tachograph, the duty to keep records and how they are checked
- Minimum wage inspections and proceedings under the Road Haulage Act
- Representation in fine proceedings against the company and its officers
- On serious allegations we coordinate the defence with our practice area White-Collar Crime
Find the right adviser
Answers to the most important questions
Can’t find your question here? Please get in touch! We’ll usually get back to you within two working days.
How long do I have to give notice of damage to cargo?
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Damage that is apparent must be notified on delivery, damage that is not apparent within seven days afterwards. Where the period is missed, the goods count as properly delivered and the sender has to prove the damage. The claims themselves become time-barred after one year.
What is a carrier liability for damaged goods?
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It is capped at 8.33 units of account per kilogram of gross weight, under the CMR for international carriage by road and under the German Commercial Code for domestic carriage alike. What counts is the weight of the damaged consignment, not its value. For light goods the cap therefore often falls well below the loss.
When is a carrier liable without limit?
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Where it caused the loss intentionally, or recklessly and aware that damage was likely. Typical cases are leaving a vehicle unattended on unsecured ground and disregarding express instructions. It is also liable without limit so far as a declaration of value was agreed and paid for.
Do the German forwarders standard terms apply automatically?
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No. The ADSp are standard business terms and not a statute, so they apply only where they have been effectively incorporated. They change the statutory position at important points, for instance on the caps on liability and on the lien. A look at the contract therefore settles which version applies before any claim arises.
Who is liable where a subcontractor caused the loss?
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Towards the customer the main carrier is liable, including for the subcontractor it engaged. Passing the loss on is a matter of recourse, and recourse has time limits of its own. Third-party notices and notices of recourse therefore belong among the first steps, not in the time after judgment.
What follows from breaches of the driving and rest time rules?
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Fines against the driver and against the company, and against the company up to 30,000 euros under the German Driving Personnel Act. Entries on the record follow, and these bear on the operator good repute and so on the licence for road haulage. Checking the records is therefore a task for management.
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