Higher Regional Court Munich, judgement of 28 october 2015 – 7 U 4228/14.
1. An intentional violation of security requirements agreed between the parties can be considered as culpability comparable to wilful misconduct according to art 29 CMR. (see BGH of 30 september 2010, I ZR 39/09, BGHZ 187, 141).
2. In case the security guidelines agreed between the parties are General Terms and Conditions, any doubt about their interpretation is to the detriment of the person using them. This applies to formulations such as “unattended location” or “attended location”.
3. Parking at night time on a service area alongside a German highway does not constitute wilful misconduct, even if the transported goods are portable IT devices.