Can the customer offset claims for non-exchanged pallets against claims for transportation wages, and can he keep a pallet account?
When a carrier regularly acts as a subcontractor for large shippers with significant market power, disputes often arise over non-exchanged pallets or alleged negative balances in pallet accounts. It is common for alleged claims for non-exchanged pallets to be offset against carrier’s freight claims. In such a situation, it is often not easy for carriers […]
Update: Judgement of the Cologne Administrative Court on the HGV toll
On 20 March 2024, the Administrative Court of Cologne ruled in a judgment (file number 14 K 6556/20) that the collection of the HGV toll in the period from 1 October 2015 to 27 October 2020 was unlawful insofar as the costs for the traffic police had been taken into account when calculating the toll. […]
Stricter rules for credit scoring
Following the Schufa ruling, the German government has introduced stricter rules for credit scoring. It is a system used by institutions to assess a person´s creditworthness. Among other things, data such as health information can no longer be evaluated when it comes to credit scoring. Reinforcing consumer rights New rules have been enacted to protect […]
Cookie banner in Germany
Cookie banner plays a central role in ensuring compliance with the GDPR. Certain requirements must therefore be met when creating them that are contained in the verdict of the Regional Court of Cologne (LG Köln v. 19.1.2024, 6 U 80/23, 33 O 311/22). What are the requirements for the cookie banner? To enable users to […]
Cybercrime and the exposure of personal data. What does the reinforcement of consumer rights mean for companies?
The European Court of Justice has ruled in cases of cybercrime when and under what conditions a company owes compensation for the unauthorized disclosure of personal data caused by cyber attack. The basis of the decision On 5 July 2019, it was reported that there was an unauthorized access to the information system of the […]
Caution when doing business with a UG (haftungsbeschränkt)
Many Polish enterprises are unaware of the certain risks involved in doing business with an Unternehmergesellschaft, shortened to UG (haftungsbeschränkt). This can have serious consequences for suppliers, contractors or other contractual partners of the Unternehmergesellschaft, as in many cases the Unternehmergesellschaft companies do not have sufficient creditworthiness. What is the Unternehmergesellschaft? The Unternehmergesellschaft is a […]
German courts impose penalties for breaches of the information obligations of employees and applicants. What do employers now have to consider with regard to the GDPR?
The Duisburg Labour Court and the Baden-Württemberg Labour Court have already imposed fines of 750 and 2,5000 euros respectively for breaches of employers’ obligations to provide information to former employees and applicants in accordance with Art. 82 I GDPR. A breach is deemed to have occurred if a person suffers a loss of control over […]
Why can a German insolvency administrator claim payments from creditors?
If a company or individual with its registered office in Germany falls into financial difficulties, insolvency proceedings are opened in Germany at the request of the debtor or a creditor. The aim of insolvency proceedings is to enable all creditors to be satisfied equally from the debtor’s assets. To this end, the insolvency administrator has […]
Why do online shops be designed barrier-free in the future?
To implement the European Accessibility Directive (Directive (EU) 2019/882 on accessibility requirements for products and services), the German Bundestag passed the Barrierefreiheitsstärkungsgesetz (BFSG). This law obliges operators of online shops to offer and provide products and services in such a way that they can be found, accessed and used by people with disabilities without assistance […]
Why do transport companies get sued in Germany?
There are various reasons why transport companies can be sued. In most cases, claims are based on the following facts: Loss and theft of cargo The most common case of cargo loss during transport is cargo theft. As Germany is a central European transit country for international road transport, numerous criminal gangs have specialised in […]
