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 […]

Signing the consignment note or loading list as a liability trap

Truck drivers often sign the CMR waybill or a loading list without checking the load. This can lead to the carrier’s liability if part of the load is missing. The Federal Court of Justice has ruled that the carrier is fully liable for the damage in accordance with Art. 29 CMR. In daily practice, it […]

Temporary workers can be paid less

The Federal Labor Court has ruled that temporary workers do not have to earn the same wages as permanent employees for the same work. Financial compensation is not required if a collective agreement is applied. According to a recent decision of the German Federal Labour Court (Bundesarbeitsgericht – BAG) (judgement of 31 May 2003, case […]

Obligation to record daily working time in Germany

The just-published draft law on amendments to the Working Time Act introduces new regulations. It also imposes the introduction of new technical solutions for recording working time. Which companies will be covered by the new regulations, what changes are being proposed? Read our blog article.

As of when does a claim for demurrage exist and in what amount under German law?

If a truck cannot be used to fulfill a follow-up order due to delays at the loading or unloading point, the transport company involved suffers considerable economic damage. The claim to demurrage is not regulated in the CMR Convention. Regulation under German law If the forwarder and the carrier have not reached an agreement on […]