EXPERTISE

Transport, Shipping & Customs

We advise across the entire movement of goods – from the initial order and carriage to storage and customs clearance. Our focus is on robust freight and forwarding contracts, CMR liability, customs law and efficient claims handling.

Our Transport & Customs Services

FREIGHT & CARRIAGE LAW

  • National and international freight contracts
  • Carrier liability under CMR and the Commercial Code
  • Cargo damage, loss and delay in delivery
  • Multimodal transport and Incoterms

FREIGHT FORWARDING LAW

  • Forwarding and logistics contracts
  • German Freight Forwarders' Standard Terms (ADSp)
  • Storage, handling and contract logistics
  • Forwarder liability and limitation of liability

CUSTOMS & FOREIGN TRADE LAW

  • Import and export under the Union Customs Code (UCC)
  • Tariff classification, origin of goods and preferences
  • Authorised Economic Operator (AEO)
  • Interface with export control and sanctions

CARGO INSURANCE & RECOURSE

  • Cargo and carrier liability insurance
  • Notice of loss and claims handling
  • Recourse along the transport chain
  • Deadlines and limitation periods

Who we advise in Transport & Customs

We advise shippers, logistics providers and international trading companies across the entire transport and logistics chain.

Portrait: Stela Ivanova in front of departure boards in a station concourse

Our clients include in particular

  • Shippers, manufacturers and traders
  • Freight forwarders, carriers and logistics providers
  • Import and export companies
  • Transport and cargo insurers
  • International groups with goods traffic in Germany

Typical Situations in Transport and Customs Law

Transport law combines short deadlines with complex liability issues. We most frequently assist in the following situations.

Cargo is damaged or lost

Goods arrive damaged or are lost in transit. Carrier or forwarder liability depends on immediate documentation, compliance with short notice periods and the correct legal basis for the claim.

A transport loss requires settlement

After a transport loss, liability and insurance coverage must be clarified quickly. We notify the insurer, assess liability under the CMR or ADSp and preserve recourse claims against the responsible party.

You are negotiating a freight or forwarding contract

A new logistics or framework agreement is being negotiated. Scope, liability limits, insurance cover and the effective incorporation of the ADSp determine the risk of the ongoing relationship.

Customs challenges an import

Customs questions classification, value or origin and threatens a post-clearance recovery. We review the decision, conduct the objection procedure and address preference and customs valuation issues.

You want to obtain AEO status

Authorised Economic Operator status simplifies customs procedures and strengthens confidence among business partners and authorities. We assess eligibility, prepare the application and support the authorisation process.

An international transport raises liability questions

Cross-border road transport is generally governed by the CMR, with specific liability limits and short deadlines. We clarify jurisdiction, the applicable rules and cross-border enforcement.

Important deadlines are running

Transport law imposes short notice and limitation periods. We preserve evidence, issue reservations in time and pursue claims before rights are lost.

Your supply chain needs sound transport terms

Recurring transports require robust terms on liability, insurance and customs. We draft the transport and logistics contracts so that they hold in the event of a loss.

Cross-Border Movement of Goods: Outbound and Inbound

Whether goods are exported from or imported into Germany, we coordinate transport, customs and foreign trade issues in both directions.

Export from Germany

You ship goods abroad.

  • We draft freight and forwarding contracts under the CMR and with Incoterms.
  • We clarify export, tariff classification and preferences for your target markets.
  • We check the interface with export control and sanctions.
  • We enforce claims for transport damage abroad.

How a Transport Claim Unfolds

A transport loss leaves little time. We advise from the initial documentation and preservation of deadlines through settlement or court enforcement.

Assessment of the Loss

Documentation of the loss on delivery, securing of evidence and photos and involvement of the parties.

Meeting Deadlines

Timely notice of loss: visible damage at once, concealed damage within a few days, otherwise the loss of claims and evidentiary disadvantages loom.

Liability Review

Review of liability under the CMR, the Commercial Code or ADSp, including the liability caps and their breaking in cases of qualified fault.

Insurance and Recourse

Notification to the transport or cargo insurer and securing recourse against the party responsible in the chain.

Enforcement

Out-of-court settlement or court action, observing the short limitation period of, as a rule, one year.

A transport loss, a customs decision or a contract that has to hold?

Send us the key facts and available documents. We review liability and deadlines in confidence and take the necessary steps.

  • Stela Ivanova
    Stela Ivanova LL.M.
    Advokat, Member of the Nuremberg Bar
  • Sebastian Harschneck
    Sebastian Harschneck
    Managing Partner · Corporate & Public Commercial Law

Frequently Asked Questions about Transport & Customs Law

For loss of or damage to the goods between takeover and delivery, the carrier is in principle liable, regardless of fault, under so-called custody liability. This liability is, however, capped in amount: in road haulage, both nationally under the Commercial Code and internationally under the CMR, a limit of 8.33 special drawing rights per kilogram of gross weight applies. In cases of qualified fault, such as intent or recklessness, the cap falls away. We clarify liability and represent you, whether you are enforcing claims or defending against them.

The CMR is the convention on the contract for the international carriage of goods by road. It applies mandatorily where the place of takeover and the place of delivery are in different states and at least one of them is a contracting state, which is true of almost all European countries. The CMR governs the consignment note, the carrier's liability, notification deadlines and a short limitation period. Because it is mandatory, its rules cannot be overridden by differing standard terms. We draft contracts within the CMR and conduct disputes over it.

The deadlines are short and decisive. Visible damage must be notified on delivery, concealed damage within a few days; if notification is missed, the goods are presumed to have been delivered in proper condition. Claims under the freight contract become time-barred, under the CMR and the Commercial Code, as a rule after one year, and after three years in cases of intent or equivalent fault. Given these tight deadlines, action should be taken at once when damage occurs. We secure your claims within the deadlines.

The German Freight Forwarders' Standard Terms (ADSp) are pre-formulated terms that are widespread in the forwarding and logistics sector. Among other things, they govern the forwarder's liability and its limitation, the insurance of the goods and the handling. The ADSp do not apply automatically but must be effectively incorporated into the contract, and they are subject to review of standard terms. For shippers they often mean a noticeable limitation of liability in the forwarder's favour. We review the incorporation and its consequences and draft the contracts fairly.

The carrier owes the carriage of the goods itself and is liable for the transport. The freight forwarder, by contrast, owes the organisation of the shipment, in particular the selection and instruction of carriers, and is in principle liable only for careful arrangement. In practice the line blurs, for instance with self-entry or the fixed-cost forwarder, who is liable like a carrier. The correct classification decides liability and claims. We clarify the roles and identify the right defendants.

The Union Customs Code is the EU's uniform customs law. It governs import and export, the customs declaration, the customs value, the tariff classification of goods and the origin of goods, as well as customs authorisations and simplifications. For companies, the correct classification in the customs tariff, the correct customs value and the use of preferential agreements are above all decisive, because they determine the duty burden. Errors lead to subsequent recovery and fines. We support customs declarations, authorisations and objection proceedings.

Authorised Economic Operator (AEO) status is a customs distinction for reliable and secure companies. It brings simplifications in customs handling, fewer controls and preferential treatment, as well as an edge in trust with international business partners. The requirements include compliance with customs rules, a suitable accounting and control system and security standards. The authorisation requires thorough preparation. We check the requirements and support the authorisation procedure.

Cargo insurance covers damage to the transported goods, regardless of whether a party is liable; carrier liability insurance, by contrast, covers the liability of the carrier or forwarder. If the cargo insurer settles the loss, the injured party's claim passes to it, and it takes recourse against the party responsible for the loss. In the multi-tier transport chain, the correct order of recourse is decisive. We handle losses, pursue recourse and defend against unjustified claims.

In multimodal transport, the goods are carried by different means, such as truck, ship and rail. What is legally difficult is which liability regime applies when it is unclear on which leg the damage occurred. Under German law, the law for the leg on which the damage is presumed then applies in principle, and failing that the general freight law. Contracts should regulate liability clearly across the legs. We put multimodal contracts together and clarify liability questions in the event of a loss.

In cross-border transports, different legal systems, liability regimes and trade terms come together. What matters is the clear agreement of the Incoterms, which determine the passing of risk and the bearing of costs, the choice of law and jurisdiction, adequate insurance cover and observance of the mandatory conventions such as the CMR. Sound contract drafting prevents jurisdiction and applicable law from being unresolved in the event of a loss. We draft the contracts and steer enforcement across borders.

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Maxfeld.legal

Rechtsanwaltsgesellschaft mbH
Leipziger Platz 21
90491 Nuremberg

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