The importance of logistics as a factor that decisively influences the competitiveness and the future development of a company is constantly increasing, taking into account the continuously growing competitive situation. In order to fulfil its tasks efficiently, logistics has to face constantly changing and adapted requirements and developments. This continuous reorientation and the increasing complexity of the material and legal matters, taking into account international legal regulations, require specialised legal advice.
We represent both clients (manufacturers, vendors, intermediaries, etc.) as well as service providers in the drafting and review of logistics, transport, forwarding and storage contracts, and accompany our clients in contract negotiations until successful conclusion. Another focus of our activities is the drafting of general terms and conditions, order confirmations, and other prefabricated works, which are tailored to the specific needs and requirements of our respective clients.
In addition, we represent our clients' rights before authorities and courts in the event of accusations of fine proceedings or criminal charges of transport- and logistics-related regulatory offences and criminal offences (in particular violations of StVO (German Road Traffic Regulations) and StVZO (German Road Traffic Licensing Regulations), law on driving personnel and working hours, AÜG (German Law on Temporary Employment), illicit employment, GüKG (German Road Haulage Act), tolls, etc.) We take violations as an opportunity to review the internal company processes and propose preventive organisational measures in the form of a compliance management system to avoid such considerable risks in the future.
If necessary, we will of course also enforce your rights in national and international arbitration or court proceedings. In these proceedings we represent the interests of goods transportation and transportation liability insurers as well as insurance brokers considering the particularities of insurance law on both the claimant and defendant side. The modernisation and constant amendment of the European Customs Code and its implementing regulation as well as the development and improvement of computerised customs clearance require a professional handling of customs procedures. Even taking into account the increasing security requirements, a fast processing of procedures must be ensured in order to prevent the international movement of goods from being disrupted. At the same time, a proper termination of the customs procedure involving all parties concerned must be ensured in order to avoid the risks of incurring a customs debt on his own right. If possible, an indexed possibility of recourse or release from liability must be enforced from the outset in the internal relationship with other participants.
We advise clients as well as customs and other service providers on the development of their procedures and represent our clients before customs authorities and fiscal courts in cases of unjustified or excessive customs and import duties. Together with the client, we develop possibilities for the optimisation and simplified handling of the respective customs procedures involving the responsible customs authorities and other institutions (e.g. chambers of commerce and industry in the context of issuing certificates of origin).
Our " Transportation and Logistics" team is particularly active in the following areas:
- Drafting and Optimisation of Storage Contracts, Transportation Contracts and Forwarding Contracts
- Support in Contract Negotiations
- Consultation on Problems Arising in the Context of Contractual Relations
- Drafting of General Terms and Conditions, Order Confirmations etc.
- Enforcement/Defence of Claims arising from Transportation Contracts, Storage Contracts and Forwarding Contracts
- Licences and Permissions under the Road Haulage Act (GüKG) and the Passenger Transport Act (PBefG)
- Representation in cases of Fine Proceedings of transport and logistics-related Regulatory Offences, Forfeiture Proceedings and Criminal Offences, in particular according to the Road Haulage Act (GüKG), the Law on Driving Personnel, Road Transport Law (StVG) and the Road Traffic Regulations (StVO)