judgments

On the significance of Incoterms clauses in the contract of carriage

The Saarbrücken Regional Court has ruled that a seller who sells goods under the EXW clause and is entered in the consignment note cannot assert claims for damages against the carrier. The seller is not considered a contractual partner of the carrier, since, according to the CMR, only the consignor who concluded the contract of carriage is entitled to assert such claims.

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On the effectiveness of pallet exchange clauses in general terms and conditions

The Düsseldorf Regional Court has ruled that pallet exchange clauses in general terms and conditions (GTC) are valid under certain conditions. Compensation for the exchange must be provided for, but does not need to be separately stated. For the validity of the GTC in commercial transactions, a reference to their application is sufficient. The decisive factor remains the specific wording of the clause in each individual case.

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On the effectiveness of a general terms and conditions clause regarding the parking of vehicles only in video-monitored parking spaces

The Bremen Regional Court ruled that a general terms and conditions clause requiring the carrier to park vehicles only in video-monitored parking areas is neither surprising nor unreasonably disadvantageous. If such parking spaces are not available on the transport route, the carrier must refuse the order or implement alternative security measures. Otherwise, instructions must be obtained from the sender.

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On the qualified negligence of the carrier in the case of theft from a truck parked overnight at an Italian rest stop; the validity of a general terms and conditions clause according to which the driver may only drive to guarded parking lots

The Munich Higher Regional Court ruled that a general terms and conditions clause requiring the driver to use only guarded parking lots is invalid if the driver was not informed of this before the contract was concluded. The carrier is only liable if it is aware of an increased risk of theft or if security measures are inadequate. Qualifying negligence does not exist if the carrier chooses suitable rest areas.

On the qualified negligence of the carrier in the case of theft from a truck parked overnight at an Italian rest stop; the validity of a general terms and conditions clause according to which the driver may only drive to guarded parking lots To the article »

Administrative court confirms high fine against Amazon for violations of the GDPR

The Administrative Court has upheld the decision of the National Data Protection Commission imposing a fine of €746 million on Amazon Europe Core SARL. The online giant violated the GDPR in its processing of personal data. The court emphasized the need for strict compliance with data protection regulations and also ordered daily penalty payments for failure to take corrective action.

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On the qualified negligence of the carrier for leaving valuable goods in front of an unoccupied warehouse

The Munich Higher Regional Court has clarified that leaving valuable goods in front of an unoccupied warehouse without adequate security precautions constitutes qualified negligence on the part of the carrier under Section 435 of the German Commercial Code (HGB). Even if this practice was common in the past, the carrier bears the responsibility for making the goods available safely and properly.

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