German Attorneys for the Logistic and Transport Industry

Legal Solutions Made in Germany

German Attorneys
for the
Logistic and Transport Industry

Legal Solutions Made in Germany

Because of its international leadership in infrastructure quality and logistics technology, Germany is considered a leading economic power. This is reflected in the vital position of the logistics and transport industry. However, anyone wishing to offer transport services should always be aware of the extensive legal requirements and comply with them consistently. However, the complexity of the legal standards applicable in this area does not always make it easy to maintain a clear overview.

To provide our clients with the support they need, the German law firm Schlun & Elseven offers equally competent and committed legal assistance to all parties involved in the logistics chain. Whether your matter involves transport law issues by land, air or sea, our multidisciplinary full-service law firm has the expertise and the necessary industry knowledge to develop clear and workable legal solutions for your case. We ensure that your company is always legally secure by carefully drafting all contracts in logistics. However, if legal disputes cannot be avoided, we will endeavour to enforce or defend against claims for damages.

The Logistic and Transport Industry in Germany

As one of the largest economic sectors – right after the automotive and trade industry – the logistics and transport sector comprises more than three million employees in Germany. This makes it Germany’s third-largest economic sector. The reasons for this success are the advantageous location as a central location within Europe and the high quality of services and infrastructure. The industry includes, among others, shipping, inland waterway transport, transhipment and storage, air freight, road haulage, courier, express and parcel service providers and rail freight transport.

Managing the flow of goods and information and transporting goods and their storage are among the most important economic functions and secure Germany’s position as a leading economic power. The visible movement and transport of goods by service providers are among the flagships of the logistics industry, even though they only account for half of all services. The other half of the industry consists of planning, control and implementation within companies. Due to the high number of employees and the supply function, the logistics and transport industry is vital for Germany as a business location.

As an interdisciplinary full-service law firm, Schlun & Elseven has excellent expertise and many years of experience in various legal fields. Our practice group for the German logistics and transport industry has in-depth expertise and precise knowledge of the needs and opportunities of the industry. Our team is well versed in the concepts and terminology of the industry, making them ideally qualified to provide clients with expertise at all points along the transport journey.

Employment Law

Due to the high number of employees, it is crucial for German companies in the logistics and transport industry to implement efficient procedures and processes to avoid unnecessary legal disputes. First and foremost, employment law court rulings and changes in the law must be considered. Our specialist lawyers for employment law, Dr Thomas Bichat and Jens Schmidt advise companies of all sizes on various measures to avoid employment law disputes.

Our legal team supports your company in drafting and reviewing employment contracts to ensure that they are legally compliant and do not contain any faulty clauses. Furthermore, Schlun & Elseven can advise you on all matters of German employment law – be it termination issues or the implementation of policies against discrimination, sexual harassment and bullying in the workplace.

Whistleblowing | Compliance Management

To ensure the long-term success of one’s company and comply with the legal regulations that have come into force, it is crucial to implement efficient whistleblowing systems. Without such systems, employees who want to uncover wrongdoings in the company can quickly feel moved to go public. This can lead to significant reputational damage and loss of revenue.

Since the Whistleblower Protection Act came into force on 2 July 2023 in Germany, it has been incumbent on all German companies with more than 249 employees to set up an internal whistleblower system. Companies not complying with this obligation will face significant legal consequences (including hefty fines) from December 2023.

To provide companies with the necessary support in implementing this legal requirement, the law firm Schlun & Elseven offers a competent and committed service. Our lawyers will also be happy to explain which preventive measures you can take to prevent whistleblowing while complying with all legal obligations effectively. By implementing an efficient whistleblowing system certified in accordance with the applicable ISO standard, we ensure that whistleblowers are protected in accordance with the law while, at the same time, your company benefits from the information provided. We stand up for you so that your rights and interests as a company are protected.

Contract Law | Contract Drafting and Review

Like other sectors of the economy, the transport and logistics industry is characterised by many industry-specific contracts. Our contract law team negotiates, drafts, and analyses any contracts your company may have. The essential agreements in this industry include the forwarding contract, which is concluded between the responsible forwarder and the consignor, the freight contract, which is concluded between the consignor and the carrier, and the storage contract, which obliges the warehouse keeper to store the consignor’s goods properly. In the event of disputes within the supply chain or between the parties involved, our lawyers are experienced negotiators who will put the necessary commitment into your case. Our lawyers will also represent you in court if an out-of-court settlement is not feasible for your case.

Commercial Law

Commercial law is of great importance for the transport and logistic industry in Germany, as the related transport law is subject to commercial law and is primarily regulated in the German Commercial Code (Article 407 et. seq. HGB). Due to cross-border transportation, international commercial law must be observed (in addition to national law). This must be strictly adhered to by the forwarding companies. In addition, the German Commercial Code contains regulations regarding various forms of contracts for freight forwarders.

Our lawyers for German commercial law advise you comprehensively on all commercial law matters in the logistics and transport industry.

Legal Disputes | Litigation and Arbitration

Competent legal assistance is essential in the resolution of disputes. Where possible and in your best interests, our lawyers will aim to resolve your legal matter out of court through arbitration. Arbitration proceedings are usually more cost-efficient and time-saving. They also prevent unnecessary damage to your reputation. Our lawyers use their industry-specific knowledge to oversee the preparation of such arbitration measures for you.

If an out-of-court settlement of the case is not possible, our lawyers will represent your company in court. Our equally competent and committed team of lawyers will advise you on any legal issues in the logistic and transport sector and prepare a well-founded legal opinion of your case

Tax and Customs law

As soon as goods from third countries – meaning countries outside the EU – are imported into Germany, an import sales tax is levied by customs. This tax is comparable to the German value-added tax imposed on the consumption and sale of products, the provision of services in Germany, and deliveries within the EU. As an internationally active full-service law firm, we offer clients comprehensive advice on German, European, and international tax law. We ensure that your company complies with all tax regulations and fulfils its obligations by the law.

Our lawyers for German customs law support you in appeals against decisions of the German customs authorities, examine the prospects of success of a complaint against customs and support you in filing a formal objection against the customs authorities, considering the associated deadlines and formalities. In addition, our lawyers advise on cases of alleged customs offences, smuggling and border seizures.

Transport and Shipping Law

In transport and shipping law, our lawyers advise you on storage insurance, the legal requirements for transporting dangerous goods and liability in the event of transport damage. Furthermore, we support you in asserting and defending claims for damages. Our lawyers will advise you comprehensively and explain your rights and obligations in transport and forwarding law.

    Traffic Law

    Especially in the transport of goods by road, HGV drivers must comply with many regulations from the German Road Traffic Act (StVO) and the regulations of the respective country if the transport takes place internationally. Violations in road traffic in Germany can lead to criminal convictions, depending on the case. Also, high fines or driving bans of up to several months can be imposed depending on the case and the circumstances of the offence. However, if a violation is severe, the penalty can go as far as imprisonment and the revocation of the driving licence. The latter often has severe consequences for professional drivers, as their job depends on it and their livelihood.

    Securing the load to be transported is also of significant relevance to protect the load from damage and to not pose a danger to traffic. The driver and the forwarding agent are responsible for securing the load. The transport of dangerous goods, such as chemical substances, must be marked on the truck with a label of hazardous goods or a warning sign.

    Our lawyers will advise you on your traffic law concerns and explain your legal options. With their expertise and commitment, they will assist you out of court, and if the case requires it, they will also represent you in court to protect your rights in the best possible way.

    Locations & Office Times

    Mo – Fr: 09:00 – 19:00
    24h Contact: 0221 93295960
    Email: info@se-legal.de
    Appointments made by telephone only.

    Von-Coels-Str. 214
    52080 Aachen
    Tel: +49 241 4757140
    Fax: 0241 47571469

    Kyffhäuserstr. 45
    50674 Cologne
    Tel: +49 221 93295960
    Fax: 0221 932959669

    Düsseldorfer Str. 70
    40545 Düsseldorf
    Tel: +49 211 882 84196
    Fax: 0221 932959669

    Locations & Office Times

    Mo – Fr: 09:00 – 19:00
    24h Contact: 0221 93295960
    Email: info@se-legal.de
    Appointments made by telephone only.

    Conference Rooms

    Berlin 10785, Potsdamer Platz 10

    Frankfurt 60314, Hanauer Landstrasse 291 B

    Hamburg 20354, Neuer Wall 63

    München 80339, Theresienhöhe 28

    Contact our German Lawyers for the Logistic & Transport Industry

    Please use the contact form to inform our team of German lawyers about your legal matters. After receiving your request, we will make a short preliminary assessment based on the information provided and give you a cost estimation. You are then free to decide whether you want to instruct us.