The Düsseldorf Regional Court has addressed the question of the conditions under which claims for damages can be asserted following the invalid termination of a logistics contract. In particular, it emphasized the need to provide detailed evidence of the facts required to calculate lost profits.
Judgment of the Düsseldorf Regional Court
Following the invalid termination of a logistics contract, it is the claimant's responsibility to provide all necessary supporting facts for the loss of profit claimed. In this respect, it is not sufficient to assert an average net profit after deducting all costs without providing the supporting facts relevant for verification. Based on such general statements, an estimate of damages pursuant to Section 287 of the Code of Civil Procedure (ZPO) is also not possible.
Conclusion
The Düsseldorf Regional Court clarified that in order to assert claims for damages following an invalid termination, it is necessary to present concrete facts relating to the lost profit. General information, such as average net profit without a detailed breakdown, is not sufficient. An estimate of damages pursuant to Section 287 of the Code of Civil Procedure (ZPO) is also not possible in such cases.
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