Arnecke Sibeth Dabelstein updates

Carrier liability for loss of goods and delayed delivery
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • Germany
  • 10 July 2019

The distinction between freight and forwarding contracts is a common subject of legal disputes in Germany, as freight forwarders are generally liable only for organisational or selection faults and can usually relieve themselves of liability if they can prove that they chose a conscientious carrier. A recent Verden Regional Court ruling on the liability of a carrier for loss of goods and delayed delivery provides useful clarity in this context.

Pleasure yacht insurance: navigating without up-to-date charts and proper voyage plan
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • Germany
  • 03 July 2019

In a notable hull insurance case, the Celle Court of Appeal dismissed an action brought by an assured pleasure yacht owner who had been sailing on the Baltic Sea and ran aground. The case facts suggest that assureds are often unaware of the impact that outdated chart materials can have on hull insurance and liability cover.

Aircraft tyre damage caused by foreign object on runway constitutes extraordinary circumstance
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 03 July 2019

In a recent preliminary ruling, the European Court of Justice held that a foreign object such as a screw or nail on an airport runway which damages an aircraft represents an extraordinary circumstance under the EU Flight Delay Compensation Regulation. According to the court, such incidents exempt air carriers from the obligation to pay passengers compensation in the event of denied boarding and flight cancellation or long delays.

Pleasure yacht insurance: navigating without up-to-date charts and proper voyage plan
Arnecke Sibeth Dabelstein
  • Insurance
  • Germany
  • 02 July 2019

In a notable hull insurance case, the Celle Court of Appeal dismissed an action brought by an assured pleasure yacht owner who had been sailing on the Baltic Sea and ran aground. The case facts suggest that assureds are often unaware of the impact that outdated chart materials can have on hull insurance and liability cover.

New terms and conditions for logistics providers
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • Germany
  • 05 June 2019

The Logistics Terms and Conditions (Logistik-AGB) 2019, which were jointly revised by the German Association for Freight Forwarding and Logistics, the Federal Association of Road Haulage, Logistics and Disposal and the Federal Association of Furniture Forwarders and Logistics, will enter into force on 1 July 2019. The new terms and conditions will replace the Logistik-AGB 2006 and supplement the Freight Forwarders' Standard Terms and Conditions 2017.

Droniq: DFS and Deutsche Telekom enter drone business
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 29 May 2019

Commercial drone flights are expected to be a future market worth billions. Considering this prospect, the German air traffic control company Deutsche Flugsicherung and the largest telecoms provider in Europe, Deutsche Telekom, have established a joint venture, Droniq, to operate remote-controlled long-haul flights. Among other things, Droniq aims to establish a digital platform for all unmanned aerial operations and engage with security authorities and logistics companies seeking to deliver goods faster.

Destruction of consignment by Customs – question of liability
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • Germany
  • 22 May 2019

The Higher Regional Court of Dusseldorf recently confirmed the underlying principle of Article 18(2)(d) of the Montreal Convention – namely, that air carriers cannot be held liable for damages which are entirely outside their sphere of risk and influence. However, this decision is also a useful reminder that an exclusion of liability clause is not a free pass for carriers.

Opening of new Berlin Brandenburg International Airport at stake (again)
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 22 May 2019

Recent reports suggest that the need to remedy defects in a faulty fire prevention system and other construction faults will further delay the opening of the new Berlin Brandenburg International Airport. For example, an internal report by TÜV Rheinland detailed 11,519 deficiencies in the airport's emergency lighting and safety power supply cables, which were replaced after the failed opening in 2012.

Prohibition on passing on commission in reinsurance context – exemption uncertainty
Arnecke Sibeth Dabelstein
  • Insurance
  • Germany
  • 21 May 2019

The controversial prohibition on passing on commission forbids brokers and insurers from granting or promising special remuneration to policyholders, insured persons or beneficiaries under an insurance contract. According to the legislature, the prohibition was upheld during the implementation of the EU Insurance Distribution Directive into national law over the past three years. However, whether reinsurance remains excluded from the prohibition is unclear.

Providing valid travel documents considered passengers' secondary obligation
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 08 May 2019

A 2018 Federal Court of Justice decision clarified that the secondary obligations arising from a contract of carriage between a passenger and an air carrier extend to the verification of the validity of the documents required for entry. However, checking that passengers have the correct documentation also remains an obligation for air carriers. Air carriers must therefore check the validity of passengers' documents before admitting them to a flight in order to rule out their own contributory negligence.

Light goods + heavy pallets x 8.33 special drawing rights?
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • Germany
  • 24 April 2019

How should the weight of a shipment containing damaged goods but usable pallets be calculated, considering that this would form the basis for liability? According to a recent Federal Court of Justice decision, if the pallets are still usable, only the net weight of the goods counts. The court held that it is necessary to look closely at what has been damaged, as the fate of some items is not necessarily the fate of others.

Impact of truck cartel on transport sector
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • 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.

GATS impact on sale and purchase of German-registered aircraft under lease
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 27 March 2019

In May 2018 the Aviation Working Group announced plans for a global aircraft trading system (GATS) to modernise the selling, buying and financing of leased aircraft and engines by making such transactions simpler and faster. The GATS will be fully electronic and use e-signatures, e-delivery of documents and a secure e-ledger to record transactions. As such, it is expected to reduce the time and costs required to change German aircraft registrations through the national aviation authority.

Aircraft registry requirements for foreign owners
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 20 March 2019

If a third-country aircraft owner terminates the lease of a German airline but wants to keep the aircraft registered in Germany, it must enter into a new lease or similar agreement with an entity from an EU member state for at least six months. This article discusses why aircraft lessors and owners should carefully consider the requirements for keeping an aircraft in the German aircraft registry, particularly if its lease has been terminated.

Airport computer system failure may be extraordinary circumstance
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 20 February 2019

The Federal Supreme Court recently ruled that the complete failure of an airport computer system may be considered an extraordinary circumstance. The court affirmed that airport system failures caused by technical defects which affect or suspend the functioning of technical equipment over a prolonged period are an external event affecting air carrier flight operations. Further, the monitoring, maintenance and repair of an airport's technical facilities lie outside the responsibility and competence of air carriers.

Strikes do not necessarily lead to extraordinary circumstances
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 30 January 2019

The Federal Court of Justice recently held that a strike is considered an extraordinary circumstance pursuant to the EU Flight Delay Compensation Regulation only if its consequences cannot be averted by reasonable measures and make flight cancellation legally and actually necessary. This decision emphasises that determining whether airlines can avoid liability due to extraordinary circumstances must be assessed on a case-by-case basis.

ADSp 2003, 2016 or 2017 – which version is valid?
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • Germany
  • 23 January 2019

The German Freight Forwarders' Standard Terms and Conditions (ADSp) are a joint body of recommendations for shipping industry associations and freight forwarders. However, given that there are (at least) three versions – namely, ADSp 2003, ADSp 2016 and ADSp 2017 – many companies struggle to clearly identify the ADSp on which they should base their services.

Carriers' liability for implementing safety instructions
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • 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.

Shipshape: tour operators not liable for gym injuries sustained during sea swells
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • Germany
  • 19 December 2018

The Koblenz Higher Regional Court recently confirmed that tour operators cannot be held liable by cruise passengers for gym injuries sustained during large swells. The decision re-emphasises the fact that ships shift constantly at sea and that all passengers should therefore take appropriate care while on board – particularly during large swells – as failure to do so may deny them the ability to claim damages if an accident occurs.

CMR versus Civil Code: five or nine percentage points above basic lending rate?
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • Germany
  • 12 December 2018

The Verden Regional Court recently sentenced a forwarder to pay full compensation plus interest calculated at nine percentage points above the basic lending rate under the Civil Code. Upholding the forwarder's appeal, the Celle Higher Regional Court held that the interest rate should be reduced to five percentage points above the basic lending rate, which is more in line with interest claims under the Convention on the Contract for the International Carriage of Goods by Road.

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