advice on international transport law
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advice on international transport law

The international transport of goods can quickly become complex. Which legal system is applicable? German law, EU law or international law? Is the German Civil Code (BGB) or the German Commercial Code (HGB) applicable?

Especially when exporting or importing from Germany, it is often unclear which law applies. It can even happen that the contract is concluded under a certain legal system, but the legal proceedings follow another. This is particularly true in areas such as air transport, maritime transport (including inland and deep-sea shipping) or rail transport, where legally complex questions often arise. However, with sound legal advice, you are well prepared for the specific requirements of multimodal transport law.

As a law firm, we offer you comprehensive advice and representation in all legal matters relating to the international transport of goods – from general questions such as compensation for damages in freight law to specific matters such as compensation for damages in maritime trade law.

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Multimodal Transport: A Challenge in International Freight Law

In multimodal transport, different means of transport are used under a single freight contract. This means that there would usually be separate contracts for the individual sections of the transport, each of which would be subject to different legal systems. The legal basis of multimodal transport is determined by the German Commercial Code (HGB).

International agreements exist for each mode of transport, including:

road traffic: International Convention on Contracts for the International Carriage of Goods by Road (CMR)
rail traffic: Convention concerning International Carriage by Rail (COTIF) with Appendix B (CIM)
air freight transport: Warsaw Convention (WA) and Montreal Convention (MC)
inland waterway transport: Budapest Convention on the Contract for the Carriage of Goods (CMNI) and other maritime trade agreements

The provisions of each consignment note are of crucial importance and fulfil various functions: proof, receipt and information function on the contract of carriage. Depending on the means of transport, different consignment notes are used: the consignment note for road transport, the rail consignment note, the loading note for inland waterway transport, the air consignment note and the bill of lading for maritime transport. These documents must contain minimum information such as the place and date of issue, the name and address of the sender, carrier and recipient, as well as details of the cargo.

When drafting a contract, the following points must be taken into account:

warehousing and storage conditions
Exclusion of certain transport modalities (e.g. no motorway or special cooling requirements)
General terms and conditions of business
remuneration modalities and remuneration regulations
Scope or exclusion of the carrier's lien
Insurance, especially with regard to liability limitations and compensation

Legal advice for your multimodal freight contracts
A multimodal freight contract requires precise contractual arrangements. As a transport law firm, we advise you on all legal aspects of the contract arrangement and examine the contractual provisions in detail in order to protect your interests as best as possible.

CMR

In addition to the actual transport, there are a variety of other contract models that regulate the handling of the transport.

A storage contract refers to the professional storage of the goods before, after or during transport. The warehouse keeper assumes all duties of care and protection for the safe storage of the goods.

A logistics contract includes logistical services such as assembly, labelling or quality control, which are contractually agreed in addition to transport.

As a law firm, we draft and review contracts. We explain everything you need to consider contractually so that your transport is legally secure.

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customs clearance

Customs duties often represent a significant obstacle in international trade and transport. The following aspects are particularly problematic:

Higher import costs
Extended delivery times
Potential penalties or fines from the main customs office

Although there are no systematic border controls within free trade zones, such as the European Schengen Area, random checks or checks based on suspicion may take place.

However, it is possible to defend yourself against measures taken by the customs authorities. This includes in particular:

Compliance with formalities and regulations
appeals against customs decisions
Consulting on customs clearance and process optimization

Optimization of customs clearance in international trade
Customs duties can be a major hurdle in international trade. As a law firm specializing in transport and forwarding law, we offer you comprehensive advice and support with customs clearance.

We will take care of your case – quickly & with commitment.

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