Judgment of the Higher Regional Court of Düsseldorf

If the provisions of Section 2, Paragraph 4 of the Regulation on Deep-Frozen Foods (TLMV) are not complied with, which stipulate that deep-frozen foodstuffs must be kept at -18°C or lower at all points on the product after initial freezing until delivery to the consumer, and that short-term fluctuations of no more than 3°C are permissible during shipping, are no longer marketable. Precisely because of the consequences of food law and the potential damage to a merchant's image if they place frozen products on the market that are not permitted under food law, it can be assumed that frozen goods are not marketable if the goods do not comply with food law regulations. Meticulous implementation of the TLMV is essential to avert significant risks to consumer health. If the freight carrier delivers frozen goods to the recipient at a temperature above -15°C, the frozen goods being transported have been damaged. The question of the microbiological condition of the goods is therefore no longer relevant.

For frozen transport, it is recognized that the freight carrier must provide a suitable transport vehicle. They are therefore responsible for ensuring that the goods can be transported at all times in accordance with the contractual agreements. This also applies if delays occur that require the goods to remain in the transport vehicle for an extended period. If the carrier uses a vehicle without active refrigeration, they knowingly assume the risk of spoilage of the goods in the event of transport delays – which constitutes qualified negligence.

Conclusion

Overall, case law shows that the use of transport vehicles without adequate refrigeration poses a high liability risk for freight carriers. The due diligence obligations arising from the TLMV, as well as the responsibility to ensure product quality during transport, are essential. Violation of these obligations can not only lead to spoilage of the goods but also to significant legal consequences for all parties involved in the transport process.

Der Beitrag Zu den Voraussetzungen an einen Temperaturschaden bei Tiefkühlgut; qualifiziertes Verschulden bei Einsatz eines Kühlfahrzeuges ohne aktive Kühlung erschien zuerst auf R&U.