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.