Federal Court of Justice, judgement of 28 July 2016 – I ZR 252/15.
1. In cases the sender terminates the freight contract due to reasons which are not attributable to the risks of the carrier, the claims, which are regulated in sec. 415 (2), sentence 1, no. 1 and 2 HGB, constitute mere modifications of the claim for compensation which the freight carrier is entitled to pursuant to sec. 415 para 2 sentence 1 HGB.
2. A freight carrier who, after the termination of the freight contract by the sender, first claimed entitlement to the agreed freight less his saved expenses pursuant to § 415 (2) sentence 1 no. 1 HGB may subsequently also claim on third of the agreed freight charges pursuant to § 415 (2) sentence 1 no. 2 of the German Commercial Code (HGB).