Multimodal Transport: Liability of the Carrier in Case of Loss of Goods

Federal Court of Justice, judgement of 17 September 2015 – I ZR 212/13.

Summaries

a) The cessation of the carriage rendered by unloading the cargo by a sub-carrier does not affect the man carriage contract.

b) The provision of section 452a HGB is not applicable if a damage roots back to multiple causes, which have been set on several partial routes and any of such causes alone would have led to the whole damage.

c) Contributory negligence of the sender cannot be accepted if the cause set by the sender is insiginificant for the damage and the following behvaior of the carrier has led to a complete change of circumstances.

d) The sender is obliged to inform the carrier about such circumstances which can lead to difficulties for the carrier at the place of destination.

e) Extra-judicial costs caused by the damage are not subject to compensation according to section 432 HGB and can only be claimed if the carrier is in default with payment of compensation.

f) The assumption of loss according to section 424 para. 1 HGB does not affect the right of the sender to claim delivery and compensation because of delay or damaging the goods instead of compensation for the loss of goods.

*HGB = German Federal Commercial Code

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