The Higher Regional Court of Hamburg recently clarified the fact that goods having been packed in a container made available to a shipper by a carrier on a decoupled trailer belonging to the carrier is insufficient grounds for the carrier to have accepted the goods for carriage. The court set out the prerequisites for a carrier's acceptance of goods under Section 425 of the Commercial Code, as established in case law.
In a recent Federal Court of Justice case, 230 phones were reported missing following their delivery via road and air. As it was unclear where the damage had occurred, the court had to decide whether the road carriage formed an ancillary feeder service within the meaning of the Montreal Convention. The decision confirms the court's 2012 ruling that road carriage performed as part of a contract of carriage by air is not ancillary where carriage by air would have been possible.
The Federal Court of Justice recently held that a warehouse keeper's duties to select suitable storage facilities and to notify the principal when moving goods to a third-party warehouse comprise fundamental duties of contract. The breach of such contract deprives the warehouse keeper of the right to limit its liability. The notification must be so clear that it leaves no doubt that the goods have already been moved.