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 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 […]
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 […]
Fraud by phantom transport companies
Cargo thefts in car parking lots by slitting tarpaulins and the theft of valuable and easily saleable transport goods are unfortunately an everyday problem. A new trend is the fraud committed by phantom companies on online freight exchanges. Fraudster gangs use online freight exchanges to obtain transport orders by way of subcontracting and to completely […]
Attorney Adriana Grau, LL.M. in interview with Rzeczpospolita about MAUT returns
Attorney Adriana Grau, LL.M. in another interview with the polish national daily Rzeczpospolita, indicates why it is worth filing toll refunds and what the possible amounts of refunds may be. In response to questions from Rzeczpospolita, a nationwide polish daily, attorney Adriana Grau, LL.M., gives examples of toll refund calculations and indicates why it is […]
Posting of workers. Shortage of professional drivers on the labor market.
Trade relations between Poland and Germany have become a strategic point in international trade. These transactions include not only the exchange of goods, but also the flow of the services. In the recent years, the shortage of workers has also affected the transport industry in Germany. Posting employees to work across the Oder River is […]
GRAU Rechtsanwälte PartGmbB as a partner of the Transport Meetings in Warsaw
We are very pleased that on 2.06.2022 we participated in the „Transport Meetings” conference, organised by the TSL Biznes portal and the KMG Media publishing house. This is already the subsequent edition of the spring series of Transport Meetings, organized in five locations. GRAU Rechtsanwälte PartGmbB is the content partner of the Transport Meetings in […]
The refund of overpaid maut
The reimbursement of overpaid tolls paid by transport companies for crossing Germany, the so-called MAUT, is becoming a fact. We invite you to read the article written by Adriana Grau in the latest issue of the TSL Biznes (pages 50-51). In the article you will find all the necessary information concerning the MAUT refund for […]
Polish hauliers fight for maut refund
We would like to invite you to read an interview given by Ms Adriana Grau to the national economic and legal newspaper “Rzeczpospolita”. The interview discusses the topic of the Polish hauliers’ struggle for the reimbursement of a part of the tolls paid for the use of German motorways. The basis for the claims is […]
