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Arnecke Sibeth Dabelstein | Germany | 14 Sep 2021

European Court of Justice rules on taxation for insurance of seagoing vessels

The Finance Court of Cologne recently requested a preliminary ruling from the European Court of Justice on a proceeding between a UK protection and indemnity insurance company and the Federal Central Tax Office for Germany. The verdict ended a year-long legal discussion regarding whether paragraph 1(2) of the Insurance Tax Act referred to the shipping register proving ownership or the......
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Arnecke Sibeth Dabelstein | Germany | 8 Sep 2021

Proof of excessively high handover temperature of frozen goods after random verification of temperature before loading

If frozen goods are loaded after a random verification of the temperature by means of a thermometer and there are otherwise no indications that the measurements taken could be incorrect, there is no reason to further secure evidence of the handover temperature of the goods. However, it is also necessary for the carrier to prove that the cold chain was maintained, as was demonstrated by a......
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Arnecke Sibeth Dabelstein | Germany | 11 Aug 2021

Importance of estimated date of arrival for delay of goods liability

German shipping law does not contain a legal regulation pertaining to the delivery period. Consequently, there is no particular legal liability provision for when it has been exceeded. Therefore, liability is governed by the general law of the Civil Code. These requirements are often not met in the absence of fixed delivery periods or a formal reminder. A recent court decision concerning the......
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Arnecke Sibeth Dabelstein | Germany | 28 Jul 2021

Sustainable aviation fuel in Germany

The production and use of sustainable aviation fuel (SAF) is at the centre of the legislature's agenda for the coming years – both in the European Union and in EU member states. This article focuses on the current developments in Germany, where the legislature is about to introduce a minimum quota for the quantity of SAF placed on the market from 2026 onwards as part of its greenhouse gas......
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Arnecke Sibeth Dabelstein | Germany | 9 Jun 2021

CMR carrier's liability for wrong delivery of goods

The Koblenz Higher Regional Court recently decided on a case of wrongful delivery. A subcarrier driver had not found the recipient at the given delivery address and, following the instructions of a man unknown to the driver, had unloaded the goods without ascertaining the man's identity or legitimacy to receive the shipment. The court's decision regarding the definition of loss seems logical....
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Arnecke Sibeth Dabelstein | Germany | 10 May 2021

Whistleblower Protection Act: new compliance requirements

The Federal Ministry of Justice and Consumer Protection recently presented a draft bill for the Whistleblower Protection Act. The reason for the draft bill is the EU Whistleblowing Directive, which aims to better protect whistleblowers (ie, internal employees who draw attention to their employers' compliance violations). Without adequate protection, whistleblowers are often subject to......
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Arnecke Sibeth Dabelstein | Germany | 4 May 2021

Court rules on policyholder's claim against insurer for information on stored personal data

In 2019 the Cologne Higher Regional Court issued a decision on the scope of the right to information under the EU General Data Protection Regulation that has enormous implications for insurers that collect or process personal data. The court held that the right to information covers not only the so-called 'master data' in the relationship between the insurer and the policyholder, but also......
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Arnecke Sibeth Dabelstein | Germany | 28 Apr 2021

Ever Given grounding: who is liable for carrier and forwarder delays?

The grounding of the Ever Given container vessel in the Suez Canal caused considerable congestion for many other vessels which were trapped on both sides of the canal. As such, cargo interests – such as shippers' and consignees' respective cargo insurers – as well as the sea carriers of the respective vessels and the initial (multimodal) carriers and forwarders are faced with damages arising......
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Arnecke Sibeth Dabelstein | Global | 21 Apr 2021

Air freight overview

Many of the goods that arrive in stores or directly at people's homes every day have travelled a long way. The customer's wish for goods to be available as quickly as possible means that such goods are often transported across borders by air freight. National laws do not apply in such cases, at least not to a great extent. Instead, various air transport agreements establish comprehensive......
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Arnecke Sibeth Dabelstein | Germany | 6 Apr 2021

Do not leave your package unattended

In 2019 the Stuttgart Regional Court considered a dispute about claims for damages following a vehicle transfer from Turkey to Germany. Following a traffic accident, the plaintiff delivered the vehicle to a workshop and notified the defendant of damage to the roof of the vehicle and the loss of various items that were allegedly in the vehicle. The court held that the defendant was not liable......
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