Lawyer transport law Munich

Legal advice and representation in transport law

Lawyer / law firm in Munich

How does a lawyer help with transport law?

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A lawyer specialising in transport law is basically a specialist in logistics, freight and legal pitfalls in the movement of goods. Whether you are a freight forwarder, carrier, trader or consignee - he can help wherever contracts, liability, damages or international regulations are involved.

1. Contract drafting and advice

A transport lawyer helps to draft or review legally compliant freight or forwarding contracts - especially for international transport.

Important contents:

• Clearly defining liability limits
• Clearly regulating responsibilities
• Correctly incorporating Incoterms (International Commercial Terms)
• Securing transport insurance

Objective: Recognising risks at an early stage and securing them contractually.

2. Damage, loss or delay

If goods are lost, damaged or arrive late during transport, the lawyer will clarify:

• Who is liable?
• To what extent?
• What deadlines must be met?

Objective:The lawyer helps with the assertion of or defence against claims for damages, e.g. if a recipient demands compensation or a freight forwarder is wrongly accused.

3. International transports

International transports are subject to agreements such as CMR, Montreal Convention, maritime conventions, etc. A lawyer knows the differences and knows which rules apply when.

Example:
The CMR Convention applies to cross-border lorry transport between Germany and France, not the German Commercial Code (HGB) - this is important for liability issues!

4.Representation in and out of court

If a dispute arises - e.g. due to late payment, incorrectly delivered goods or refused acceptance - I will represent you as a lawyer:

• before civil courts
• in arbitration proceedings
• in disputes with authorities (e.g. customs or BAG)

5. Advice on customs, storage, insurance

Many problems in transport law relate to neighbouring areas such as:

• Customs law issues
• Transport insurance law
• Warehousing law / transshipment warehouses
• Supply chain law (for larger companies)

📦 Typical conflict issues in transport law

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Transport 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 forwarder platforms / digital intermediaries) often have to be included in the considerations.

• Compensation for transport damage
  → Rights, obligations, liability issues.
  
  • Damage or loss during transport
  • Discussion of liability and liability limits
  • According to HGB, CMR, Montreal Convention, sea freight law, etc.
  • Who is responsible: carrier, freight forwarder, subcontractor?
  • Frequently: Breach of packaging obligations
  
  
• Delay in delivery - your rights
  → Delay in delivery, contractual penalty, cancellation.
  
  • Delayed delivery or late delivery
  • Consequential problems: contractual penalties, compensation, loss of production
  • Discussion about force majeure (e.g. strike, weather, traffic jam)
  • Dispute about timely information or lack of notification
  
  
• Unclear or incorrect contractual relationships
  
  • No clearly defined freight contract or forwarding contract
  • Missing or unclear inclusion of general terms and conditions (e.g. ADSp, CMR)
  • International transport: which law applies at all?
  • Problem: unprofessional documentation (CMR consignment note, consignment note)
  
  
• Problems with customs? Transport law help
  → Focus on customs law & international transport.
  
  • Incorrect customs declarations or missing documents
  • Goods are detained or confiscated by customs
  • Consequence: delays, fines, damage to image
  • Responsibility often unclear: sender, forwarder, recipient?
  
  
• Right of lien & right of retention
  → Important for freight forwarders - often underestimated by clients.
  
  • Freight forwarder or carrier makes use of lien (Section 464 HGB)
  • Client demands immediate release of goods
  • Complicated: Pledge on third-party goods or in case of ownership dispute
  
  

When should you involve a lawyer in transport law?

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A transport law lawyer should always be consulted when legal uncertainties or conflicts arise in connection with the transport of goods. This can be useful even before a contract is concluded, for example for the legally compliant drafting of freight or forwarding contracts, especially in the case of international transport with different legal bases. Legal support is also important in the event of damage - such as loss, damage or delayed deliveries - in order to clarify liability issues and meet deadlines. In the event of disputes with business partners, insurance companies or authorities, such as customs problems or fines, a specialised lawyer can provide professional representation and efficient solutions. Those who seek legal advice in good time can avoid costly mistakes and protect their economic interests in the complex logistics environment in the best possible way.

Distinction between transport law and forwarding law

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The main difference between transport law and freight forwarding 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:
Transport law = Who drives and is liable?
Freight forwarding law = Who organises and commissions?