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.

Der Beitrag Zur Bedeutung von Incoterms-Klauseln im Rahmen des Frachtvertrages erschien zuerst auf R&U.