Federal Court of Justice (Bundesgerichtshof), Judgement of 8 May 2014 · Az. I ZR 48/13.
Federal Court of Justice weighs on the interpretation of clauses of German Freight Forwarders’ Standard Terms and Conditions (abbr. ADSp) concerning the duty of the warehouse keeper to notify his principal on the movement of goods to another location.
1. In the notification obligation of the warehouse keeper according to number 15.1 sentence 2 ADSp is a contractual obligation ( cardinal obligation ) as defined in section 27.1 clause 2 ADSp . The same applies to the selection of a suitable storage location for the storekeeper been entrusted .
2. The principal of the warehouse keepers must be able to understand the written notification referred to in number 15.1 sentence 2 ADSp about the movement of goods without any doubt, especially that and where that the warehouse keeper been entrusted has migrated the stored goods. The circumstances known to the parties are to be taken into consideration.