Shipping & Transport
The Federal Court of Justice recently clarified the basis for a claim for loss sustained as a result of defective packaging provided by a freight forwarder. The court confirmed that a freight forwarder working on a fixed-price basis is liable pursuant to Section 461(II)(1) of the Commercial Code because of improper packaging based on a secondary obligation.
Most air freight carriers refer to the Freight Forwarders' Standard Terms and Conditions in their contracts. Following a recent Federal Court of Justice ruling regarding the possible waiver of the limitation of liability pursuant to the Montreal Convention, air freight carriers would be well advised to overhaul their contracts in order to adapt to the new legal practice.
The Cologne Court of Appeal has ruled on the question of whether the sender is obliged to prove that adequate pre-cooling of goods has taken place where those goods are damaged in transit due to an interruption in the cold chain. The decision emphasizes that in such cases the consignor must prove, according to general principles, that a consignment was undamaged at the point at which it was delivered.