Mr Martin Kube

Martin Kube


Shipping & Transport

Carriers' liability for implementing safety instructions
Germany | 09 January 2019

A recent Bremen Regional Court decision serves as a stark reminder to carriers that all contractual obligations, particularly those relating to security instructions, must be fulfilled and that any carrier found to have breached these obligations could face unrestricted liability in the event of damages. Carriers should carefully assess the feasibility of implementing any listed safety instructions before accepting transport contracts.

No repayment due to noise attributable to normal cruise ship operation
Germany | 17 May 2017

In two recent cases, the Rostock District Court decided that cruise ship passengers are not entitled to claims for repayment or damages due to unpleasant noises or vibrations which are attributable to the normal course of operation of a cruise ship. This is because a ship, in contrast to a hotel, is a means of transportation which cannot be operated without any noticeable vibrations or noise-producing units.

CMR is final provision for carrier's remuneration claims against consignee
Germany | 27 January 2016

The Koblenz Regional Court recently decided that according to the Convention on the Contract for the International Carriage of Goods by Road (CMR), a carrier's direct claims against the consignee are barred, even where the sender faces insolvency. The decision is not yet legally binding but it has clarified that a CMR freight contract should be for the benefit of third parties.