Background information EU-Transport-Law

The transport and logistics trade is an important branch of industry, international and highly complex. Experts are of the opinion that there will be a substantial increase in the movement of goods by road in the coming years. Various means of transport are used for goods transport – by road, air, rail and water. The legal relations between the consignor of the goods and the forwarder/carrier are regulated by the Commercial Code (HGB) in Germany, and internationally by various conventions, depending on the carrier used.

One special feature of both national and international transport law is that the liability of the carrier is limited, e.g. to 8.33 Special Drawing Rights per kilo in international road transport. Special Drawing Rights are an artificial unit of currency, introduced by the International Monetary Fund, that is not traded on the foreign exchange markets. This liability limit can only be exceeded, leading to full liability, in the event of grossly negligent conduct on the part of the carrier.

Needless to say, the European Union also influences transport law. Since 4.12.2011, road haulage operators have been obliged to expressly appoint a transport manager, who must actually and permanently manage the company's transport activities and also have his permanent residence in the EU. His name is entered in a register. He must be reliable and possess the necessary professional qualifications – otherwise, he can be banned from performing his activity.

The EU provisions regarding cabotage have already been in force since the middle of 2010. Cabotage means the rendering of transport services within a country by a foreign enterprise, be it an EU foreigner or be it an enterprise from a third (non-EU) country. In the past, following a cross-border transport to Germany, an enterprise was allowed to carry out three cabotage transports in Germany within seven days. Now, enterprises with an EU licence can carry out cabotage transports not only in the country to which they initially delivered their goods, but also in other EU Member States, within three days of entry of the unladen vehicle. If, for example, a Dutch truck unloads goods in Munich, it can subsequently drive to Austria in order to pick up goods in Salzburg and unload them again in Vienna within three days.
The truck driver must carry a full set of documents, particularly also for cabotage transport. If the Federal Office for Goods Transport performs a check and the driver is not carrying these documents, it may be that the truck and its freight are impounded. If he has perishable goods on his truck, they may have perished by the end of this impoundage, in which case the enterprise is liable for the loss of the goods.


Munich, 31. January 2012
Lawyer Melamie Nehl
Member of EES

Responsible Author and
Further Information
Melanie Nehl
Lawyer and Specialist Lawyer for Labour Law,
Specialist for Transport Law
Nehl & Baier
Rosental 10
D-80331 München
ranehl@nehlundbaier.de