Transport Law
Transport law governs legal relationships relating to the carriage of goods and passengers, including contracts of carriage, carriers’ liability, logistics, international carriage of goods, aviation and passenger rights. Legal assistance may be necessary both to prevent disputes and in cases involving damage, delays and breaches of contract.
Transport and logistics are the backbone of the modern economy. Goods move every day by road, rail, sea and air, and every carriage is based on contractual and statutory rights and obligations. If carriage is delayed, goods are damaged or lost, or a dispute arises between a carrier, a freight forwarder or a client, the consequences may be significant for both companies and natural persons.
Transport law covers a broad area, from drafting contracts of carriage to resolving disputes relating to international carriage of goods. In international carriage of goods, important roles are played by, for example, the CMR Convention, various rules of maritime law and international aviation rules. Transport law also includes passenger rights, including the right of air passengers to receive compensation in the event of flight delay, cancellation or denied boarding.
Disputes often arise in practice where parties interpret contract terms differently or the scope of liability has not been defined clearly enough. Problems may also arise between ports, terminals, logistics companies, carriers, freight forwarders or insurers.
Law Firm Namm advises transport and logistics companies, owners of goods, passengers and other parties on matters relating to transport law. The firm has experience in resolving complex transport disputes and protecting passenger rights, including handling air passenger compensation claims under Regulation (EC) No 261/2004 of the European Parliament and of the Council.
What services we provide in transport law
- Drafting and analysis of contracts of carriage
- Disputes arising from contracts of carriage
- Law relating to international carriage of goods
- CMR disputes
- Disputes over damage to and loss of goods
- Damage claims arising from delay in delivery of goods
- Logistics and supply chain disputes
- Freight forwarding contracts and liability of freight forwarders
- Maritime law and shipping law
- Disputes relating to ports and terminals
- Cargo-related legal matters
- Aviation law
- Air passenger rights
- Air passenger compensation claims under Regulation (EC) No 261/2004
- Rail passenger rights
- Matters relating to carriers' liability
- Transport insurance disputes
- Filing and challenging insurance claims
- International transport and logistics litigation
- Out-of-court dispute resolution
- Filing damage claims against carriers
- Legal advice for transport companies
- Assessment of supply chain risks
- Regulatory advice in the transport sector
Frequently Asked Questions
What is transport law and when should I contact an attorney-at-law?
Transport law is an area of law that regulates rights and obligations relating to the carriage of goods and passengers. It covers road carriage, carriage by sea, rail carriage and carriage by air, as well as related contracts, liability issues and disputes.
Legal assistance should be considered as soon as there is a suspicion that the carriage has not taken place on the agreed terms, goods have been damaged, the carrier refuses liability or passenger rights have been breached. Early advice often helps avoid costly disputes.
What is a contract of carriage?
A contract of carriage is an agreement under which a carrier undertakes to carry goods or a passenger from one place to another, and the customer undertakes to pay the agreed fee. The terms of a contract of carriage have a significant effect on the rights and liability of the parties.
Who is liable for damage to goods during transport?
Liability depends on the specific circumstances and the applicable law. In many cases, the carrier is liable for the loss of or damage to goods, unless the carrier can prove circumstances excluding liability.
What should I do if goods arrive at the destination damaged?
The damage should be documented as quickly as possible and a written claim should be submitted to the carrier. Later proof may become significantly more difficult, so it is important to act without delay.
What is the liability of a freight forwarder?
The liability of a freight forwarder depends on its role in the specific carriage. In some cases, it acts only as an intermediary, while in other cases it may assume broader responsibility for the entire transport arrangement.
When is an air passenger entitled to compensation and how high may the compensation be under Regulation 261/2004?
EU Regulation No 261/2004 gives a passenger the right to monetary compensation in certain cases where a flight is delayed by at least three hours on arrival at the destination and the delay was not caused by extraordinary circumstances. Depending on the flight distance, the compensation may range from 250 euros to 600 euros per passenger. The amount of compensation depends on the route of the flight and the circumstances of the delay or cancellation.
Can the air carrier rely on extraordinary circumstances and how can an attorney-at-law help in claiming flight compensation?
The air carrier cannot always rely on extraordinary circumstances to avoid liability. It must be able to prove that the circumstances were genuinely extraordinary and could not have been avoided by reasonable measures. In practice, this is often disputed. In addition, the air carrier must itself take all reasonable measures to avoid or prevent the flight delay or cancellation.
An attorney-at-law helps assess the prospects of the claim, collect the necessary evidence, communicate with the air carrier and, where necessary, represent the client in court or in out-of-court proceedings. The attorneys-at-law of Law Firm Namm also have experience in handling claims relating to passenger rights.
What matters does maritime law deal with?
Maritime law covers, among other things, the use of ships, carriage of cargo, port operations, shipping contracts, marine casualties, arrest of ships and various international maritime transport disputes.
What can be done if the insurer refuses to indemnify damage caused during transport?
In that case, the insurance contract, the circumstances in which the damage arose and the reasons for refusal must be analysed. The outcome of a dispute often depends on the quality of documents and the existence of evidence.
Can compensation be claimed for damage caused by the activities of a port or terminal?
Yes, depending on the circumstances, compensation for damage may be claimed from the port, terminal operator or another liable person. Each case requires separate legal analysis.
Are transport disputes always resolved in court?
Not necessarily. Many disputes are resolved through negotiations, a written claim procedure, mediation or arbitration. Often, a reasonable solution can be reached without court proceedings.
How does Law Firm Namm help transport and logistics companies?
The firm advises companies on drafting contracts of carriage, mitigating risks, filing and defending damage claims, transport insurance disputes and international transport law disputes. We also represent clients in claims relating to passenger rights, including handling compensation claims under Regulation (EC) No 261/2004.