In its capacity as a court for inland navigation, the Mannheim District Court recently settled a dispute between an inland waterway carrier and a sender. The sender had instructed the carrier on short notice and despite the express statement by the carrier that its vessel was not yet available. According to the court's interpretation of the transport contract, the flexibility agreed in respect of loading readiness was to be understood as an exemption of liability for late delivery.
A tanker barge was anchored in an area where anchoring was prohibited. During a manoeuvre, the vessel ran aground and was secured with an anchor, blocking the marina entrance and preventing the claimants' vessels from leaving the marina. The claimants claimed damages on the basis of Section 823 of the Civil Code, asserting that their property had been interfered with.