German Attorneys for the Logistic and Transport Industry

Competent support from our full-service law firm

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German Attorneys
for the
Logistic and Transport Industry

Competent support from our full-service law firm

Germany is considered a leading economic power due to its geographical location in the heart of Europe and its top international position in infrastructure quality and logistic technology. This is reflected not least in the key position of the logistic and transport industry. Our German lawyers are familiar with the complexities of this industry and offer comprehensive legal advice and support to our business clients.

Our full-service approach enables us to provide comprehensive legal advice and representation in a wide range of legal areas. Contact us anytime using the contact details below to begin a productive working relationship with our lawyers.

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The importance of the logistic and transport industry in Germany

Germany is considered the leading logistics market in Europe. The logistics and transport sector also represents the third largest German economic sector. The reasons for this success are, on the one hand, the advantageous location as a central location and, on the other hand, the high quality of services and infrastructure. As one of the largest economic sectors after the automotive industry and trade, the logistics and transport industry comprises more than 3 million employees.

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. The management of the flow of goods and information, as well as the transportation of 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 flagship of the logistics industry, even though they only account for half of all services. The other half of the sector consists of planning, control, and implementation within companies. Due to the high number of employees and the supply function, the logistics and transport sector occupies a vital position for Germany as a business location.

The German law firm Schlun & Elseven has excellent expertise and years of experience in various legal areas. Our practice group for the German logistics and transport industry comprises professionals who have in-depth knowledge of the relevant regulations as well as 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 our clients with their expertise at all points along the transport journey.

Employment law in the logistic and transport industry

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.

Compliance and Whistleblowing

Due to the threat of reputational damage and associated loss of revenue, the importance of internal whistleblowing mechanisms within a company is steadily increasing. Due to the lack of secure, confidential, and effective systems, employees who wish to expose problems within the company may feel compelled to go public with them. Whistleblowing is becoming increasingly important and widespread, particularly in exposing corruption and malpractice within companies. Even market leaders have not been able to protect themselves from this in recent years fully.

When considering whistleblowing and making a company’s internal and secret information public, advice from a competent lawyer on your rights and obligations is crucial. The German lawyers of Schlun & Elseven advise both affected companies and individuals considering whistleblowing on their legal options.

Drafting and reviewing contracts

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.

Litigation, arbitration and dispute resolution

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.