Shipping & Transport, Arnecke Sibeth Dabelstein updates

Germany

Contributed by Arnecke Sibeth Dabelstein
Freight claim in case of premature termination of freight contract
  • Germany
  • 16 December 2020

A recent decision highlights that it is not a precondition of an obstacle to carriage or delivery that the agreed carriage has become impossible. Rather, it is sufficient that the transport can no longer be performed in accordance with the contract. Moreover, such an obstacle exists if the carrier loses possession of the goods because the sub-carrier now transports the goods under a freight contract concluded directly with the consignor.

Yacht hull insurance: coverage if insured was unaware that yacht was unfit to sail
  • Germany
  • 14 October 2020

In 2019 the Flensburg court considered damage to a sailing yacht which had occurred during a sailing regatta (ie, a series of boat races) in 2010. The judgment strengthens the legal position of insureds with yacht hull insurance. It highlights that insurers have the onus to prove that the insured was aware of the unseaworthiness when the voyage commenced. It is not enough to prove the unseaworthiness – insurers must prove that the owner was aware thereof.

Damage of cargo during multimodal transport
  • Germany
  • 07 October 2020

In a recently published decision, the Würzburg Regional Court held that if a carrier does not submit a single offer to the consignor for carriage by different means of transport for the entire route as requested, but rather makes separate offers for the inland and ocean-going routes, and these offers are accepted by the consignor, it is not a true multimodal contract, but rather an inland waterway contract and a separate ocean-going contract.

Contract of carriage by sea is not contract with protective effect in favour of other shippers
  • Germany
  • 02 September 2020

A higher regional court recently found that a contract of carriage by sea is not a contract with protective effect in favour of other shippers. The shipper's obligations relating to proper and safe packaging and labelling were meant to primarily protect the carrier, not other shippers. The court's judgment, dismissing the idea of a contractual link between two shippers of the same carrier, does seem convincing.

A city is a city but not a concrete legal venue
  • Germany
  • 01 July 2020

Two freight forwarding companies were in dispute over the payment of freight forwarding charges in connection with a transport from Germany to the United Kingdom. After out-of-court negotiations failed, the plaintiff filed a complaint with the Duisburg Local Court. The plaintiff claimed that the local court's jurisdiction derived from its general terms and conditions, in which Duisburg was stated as the place of jurisdiction.


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