Dr Felix Goebel

Felix Goebel

Updates

Shipping & Transport

Limited liability of carrier's bodies in case of loss of deck cargo
Germany | 13 May 2020

In 2018 the Hamburg Higher Regional Court ruled on a damages claim arising from the loss of deck cargo during a sea voyage. The court had to examine under what circumstances bodies acting on behalf of a carrier have acted with gross negligence where cargo goes overboard due to inadequate lashing or securing. In maritime transport, a gross organisational fault on the part of bodies acting on behalf of a carrier breaks the limitation of liability.

Zeamarine – what creditors need to know under German law
Germany | 26 February 2020

The Bremen Local Court recently designated a provisional bankruptcy administrator responsible for the assets of three companies belonging to the Zeamarine group. All actors in the maritime industry should check whether they have any dealings or outstanding claims against any of the three Zeamarine companies for which bankruptcy proceedings are now pending.

Additional place of jurisdiction clause in ADSp 2017
Germany | 18 September 2019

The Freight Forwarders' Standard Terms and Conditions (ADSp) are general terms of service recommended by several trade associations. In a recent non-published decision, the Dresden Higher Regional Court addressed whether, in addition to the place of jurisdiction specifications in Section 30.3 of the ADSp 2017, the place of jurisdiction rules set out in Section 30(1) of the Code of Civil Procedure also apply in legal disputes against freight forwarders.

Impact of truck cartel on transport sector
Germany | 10 April 2019

Daimler, MAN, Volvo/Renault, DAF, Iveco and Scania are facing billion-dollar damages claims from carriers for illegal price fixing. To date, more than 7,000 transport companies from 26 countries have filed over 300 claims in excess of €1 billion in the German courts. However, the spillover effects on the transport sector remain unclear. A recent Dortmund Regional Court decision provides much-needed clarity in this regard.

Contractual risk exclusion of intervention by customs authorities in transport insurance
Germany | 11 July 2018

The Federal Court of Justice recently ruled on two risk exclusion clauses in transport insurance policies that are especially relevant for the export and import industries. While the decision has resolved some of the legal uncertainty surrounding transport insurance, it will likely apply to all types of insurance. As far as risk exclusion clauses are concerned, the court has made it clear that exclusion clauses should be interpreted restrictively.