Lawyer forwarding law Munich

Legal advice and representation in freight forwarding law 📦

Lawyer / law firm in Munich

How does a lawyer help with freight forwarding law?

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A lawyer specialising in freight forwarding law provides concrete assistance in various areas by protecting the legal interests of his client and supporting him in practical and legal aspects of transport.

1. Contract drafting and review

We help with the drafting and review of freight forwarding or logistics contracts. In doing so, we ensure that all relevant points, such as liability regulations, payment modalities, delivery deadlines and the choice of means of transport, are correctly and legally regulated. Standard terms and conditions, such as the German Freight Forwarders' Standard Terms and Conditions (ADSp), are also reviewed and adapted to my client's specific needs.

2. Advice on liability issues

If damage occurs during transport, for example due to damage, loss or delay of the goods, as a lawyer I advise on the liability of the freight forwarder and clarify who is responsible for the damage - the freight forwarder, the carrier or another party involved. I explain the limits of liability and any exclusions of liability.

3. Enforcement of claims

In the event of damage or a dispute over the fulfilment of the contract, I enforce claims for damages, contractual penalties or other claims. I negotiate with the parties involved or, if necessary, initiate legal proceedings.

4. Representation in disputes in freight forwarding law

If legal disputes arise, for example in the event of delayed deliveries, damage to goods or unclear liability issues, as a lawyer I take over the legal representation of the client in court or in arbitration proceedings. We ensure that all relevant evidence and documents are presented correctly and that our clients' legal interests are protected in the best possible way.

5. Advice on international transport

There are additional challenges in international freight forwarding law, for example with regard to different national regulations or international agreements such as the CMR agreement for road transport. The lawyer advises specifically on customs regulations, international liability regulations and helps with the enforcement of claims in various countries.

6. Insurance issues

I help you choose the right transport insurance and check whether an existing insurance policy offers sufficient protection in the event of damage. I will also provide you with legal support when asserting insurance claims, for example if goods are damaged or lost.

7. compliance and legal regulations

The lawyer ensures that all legal regulations are complied with during transport, be it with regard to safety standards, environmental protection requirements or customs regulations. In the case of cross-border deliveries, legal aspects arising from various international agreements or national regulations must also be taken into account.

8. mediation and conflict resolution

Should a dispute arise between the contracting parties, I can also act as a mediator in order to reach an out-of-court settlement and avoid lengthy and cost-intensive court proceedings.

📦 Typical conflict issues in freight forwarding law

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Freight forwarding law is very conflict-prone because a large number of actors are involved. In addition to the client, the freight forwarder, the carrier and the consignee, subcontractors (sub-forwarders), insurers, customs authorities, warehouse keepers or even intermediary platforms (freight forwarding platforms / digital intermediaries) often have to be included in the analysis.

• Freight forwarder liability - What applies in the event of damage?
  → Topics such as duty of care, liability limits, qualified fault.
  
  • Damage or total loss during transport
  • Packaging defects - who is responsible?
  • Disputes about the amount of liability and liability limits according to HGB or CMR
  • Discussion about qualified fault (§ 435 HGB)
  
  
• Freight invoices & payment disputes in freight forwarding law
  → E.g. if freight charges are not paid or are too high.
  
  • Non-payment of freight charges
  • Reductions or deductions by the client
  • Unauthorised withholding of payment in the event of defects
  • Dispute over additional services (e.g. interim storage, waiting times)
  
  
• Loss of or damage to goods - who is really liable?
  → Differentiation: freight forwarder, carrier, insurer.
  
  • Complete or partial loss of the consignment
  • Uncertainty: freight forwarder or carrier responsible?
  • Failure to meet the deadline for reporting damage (Section 438 HGB)
  • Duty of proof and problems of proof
  
  
• Late delivery - legal consequences & tips for prevention
  → Contract law + compensation.
  
  • Late delivery of goods
  • consequences: contractual penalties, damages, possibly cancellation
  • discussion as to whether it is a case of force majeure (e.g. traffic jam, strike)
  
  
• Right of retention & freight forwarder's lien
  → Important for freight forwarders - often underestimated by clients.
  
  • Freight forwarder withholds goods due to outstanding claims
  • client disputes the right or threatens to claim damages
  • lien on third-party goods - legal minefield
  
  

When should you involve a lawyer in freight forwarding law?

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In freight forwarding law, a lawyer should be consulted when legal uncertainties or conflicts arise that go beyond the normal administration and organisation of the transport. Here are some specific situations in which it is advisable to consult a lawyer:

• Contractual problems and uncertainties: If there are ambiguities or disputes about the terms of a freight forwarding contract - for example, regarding liability, delivery deadlines or payment obligations - a lawyer can help review and clarify the contract. Legal advice is particularly important for complex or international deliveries where several parties and legal systems are involved.
• Liability issues for transport damage: If damage occurs to the goods during transport, such as damage, loss or delays, it can be difficult to determine who is responsible. A lawyer can help to clarify liability, enforce claims for compensation and check possible exclusions of liability.
• Transport disputes: If there are disputes between the carrier, freight forwarder or the client - for example due to delays, incorrect delivery or unfulfilled conditions - a lawyer can help clarify the legal situation and find a solution, whether through negotiations or, if necessary, through legal proceedings.
• Breaches of contract and contractual penalties: If a party breaches the agreements in the freight forwarding contract, for example through late delivery or non-fulfilment of agreed services, it makes sense to consult a lawyer. The lawyer will examine the legal consequences and help with the enforcement of contractual penalties or claims for damages.
• International transport relationships: Cross-border deliveries and international transport often involve complex legal framework conditions, such as the CMR agreement, customs regulations or different liability regulations in different countries. A lawyer with expertise in international freight forwarding law can help to minimise potential risks and ensure that all regulations are complied with.
• Problems with insurance companies: If there are problems with the insurance company in the event of damage or if the insurance cover is insufficient, a lawyer should be consulted. The lawyer will check whether all insurance conditions have been applied correctly and help you to assert claims against the insurance company.
  For example, if there are transport regulations for dangerous goods or requirements for packaging and labelling, a lawyer can advise on how to prevent legal problems.
• Questions about legal regulations: If uncertainties arise regarding compliance with legal regulations, such as transport regulations for dangerous goods or packaging and labelling requirements, a lawyer can advise on how to prevent legal problems.

Distinction between forwarding law and transport law

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The main difference between forwarding law and transport law lies in who does what:

• Transport law regulates the actual transport of goods by a carrier, e.g. a lorry driver who takes the goods from A to B.
• Freight forwarding law concerns the organisation of the transport - i.e. the freight forwarder who plans, commissions and coordinates the transport, but does not usually drive the goods himself.

Transport law therefore focusses on execution, while forwarding law focuses on brokerage and logistics planning. Both areas are regulated in the German Commercial Code (HGB) - transport law in §407-450 HGB, forwarding law in §453-466 HGB.

Put simply:
Freight forwarding law = Who organises and commissions? Transport law = Who drives and is liable?