Trains and Rails
Our "Railway and Trains" competence team advises, represents, and trains railways companies, owners of railway vehicles and local authorities.
Since the railway reform, railways are predominantly companies organized under private law, which operate rail transport (so-called railway undertakings/ "EVU") or railway infrastructure (so-called railway infrastructure undertakings/ "EIU"). Due to the wide variety of possible public and civil law cases and the contact with different legal fields and the specific characteristics of national and international rail traffic to be taken into account, the requirements for comprehensive legal advice and representation of both EVUs and EIUs require highly specialized and broadly based competencies, which we combine in our competence team "Railway and Trains".
In this context, we represent EVUs and EIUs nationwide, especially in the implementation of project-related measures, including representation before authorities and administrative courts, specific disputes with residents, with other railway companies or landlords or tenants. Within the scope of legal disputes, we represent EIUs throughout Germany in a large number of litigations in the field of civil law noise protection, directed towards the adoption of active and passive noise protection measures both for the new construction of rail transport systems and for significant changes, especially in the area of existing lines. Administrative law disputes mainly concern the demarcation of the areas of responsibility between "road" and "rail" and the violation of traffic safety obligations.
In addition, we handle both extrajudicial and judicial claims in connection with the carriage of freight by rail or represent railway companies in cases of personal injury in connection with the operation of the railway.
Drafting of Contracts
Damage Management after Railway Accidents
- Liability of the Railway Operating Company
- Distribution of Liabilities between EIU and EVU
- Intersection Accidents
- Violation of Traffic Safety Obligations
- Liability for Leased Personnel (Use of External Company Vehicle Drivers)
- Liability Limits according to the German Liability Act (HaftpflichtG)
Transport and Logistics
- Drafting and Optimization of General Logistics Contracts including GTC
- Drafting and Optimization of specific, project-related Contracts, e.g. for Services of a Transshipment Terminal in Combined Transport
- Enforcement or Defense of Claims due to Exceeding the Delivery Period or Loss or Damage of Transport Goods according to German Commercial Code (HGB) or CIM