The Saarbrücken Regional Court has examined the significance of Incoterms clauses in the context of a freight contract, particularly with regard to the role of the sender and the question of whether the seller who sells the goods EXW (Ex Works) can assert claims for damages against the carrier.
Judgment of the Saarbrücken Regional Court
The consignor, as defined by the CMR, is the person who has entered into a contract of carriage with the carrier. The seller, who is listed on the consignment note and sells the goods EXW, is not a contractual partner of the carrier. Therefore, the seller cannot assert any claims for damages against the CMR carrier in such a case.
Conclusion
The Saarbrücken Regional Court ruled that the seller who sells the goods under the EXW clause and is registered as such in the consignment note is not considered a contractual partner of the carrier. Therefore, in this case, the seller cannot assert claims for damages against the CMR carrier, since, according to the CMR, only the consignor who has concluded a contract of carriage with the carrier is entitled to make such claims.
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