Notification Duty Warehouse Keeper (FCJ)

Federal Court of Justice (Bundesgerichtshof) · Judgement of 8 May 2014 · Az. I ZR 48/13

Summaries

German Federal Court of Justice weighs on the meaning of certain clauses of German Freight Forwarders’ Standard Terms and Conditions concerning the warehouse keeper’s duty to notify his principle that and where stored goods are moved.

1. The notification obligation of the warehouse operator according to number 15.1 sentence 2 ADSp (abbr. German Freight Forwarders’ Standard Terms and Conditions) 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 warehouse keeper been entrusted .

2. The principal of the warehouse keeper must be able to recognize in the written notification referred to in number 15.1 sentence 2 ADSp free of doubt that and where the warehouse keeper been entrusted has migrated the stored goods. The understanding of the notification has to take into account the circumstances known to the parties.