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Jurisdiction

104 results found

Article

Arnecke Sibeth Dabelstein | European Union, Germany | 5 Feb 2020

Airport charges take flight: airlines challenge fee structure

In a recent Federal Administrative Court case - in which the German court referred questions to the European Court of Justice (ECJ) - Deutsche

Article

Arnecke Sibeth Dabelstein | Germany | 4 Feb 2020

Court rules on representative action undertaken by insurance agent on insurer's behalf

The Hamburg Court of Appeal has expressly discarded an earlier obiter dictum, ruling that a representative action (ie, an authority to pursue the

Article

Arnecke Sibeth Dabelstein | Germany | 21 Jan 2020

Insurers' duty to advise assureds in cases of amended general terms and conditions

A recent Hamm Higher Regional Court decision concerning insurers' duty of advice continues the previous case law in respect of partly favourable and

Article

Arnecke Sibeth Dabelstein | Germany | 15 Jan 2020

Security controls outside scope of airlines

A recent Erding Local Court judgment concerned a compensation claim after four passengers missed their flight due to a security alert at the airport

Article

Arnecke Sibeth Dabelstein | Germany | 15 Jan 2020

Carrier liability for contaminated liquid bulk cargo - contributory negligence of shipper

In a March 2019 case, the Hamburg Higher Regional Court had to decide whether the claimant had a control and inspection duty under the Commercial Code

Article

Arnecke Sibeth Dabelstein | Germany | 24 Dec 2019

Insurers beware: CMR jurisdiction rules apply to direct claims against carriers' liability insurers

The Federal Court of Justice recently ruled on the appropriate jurisdiction regarding a head carrier's insurer's direct claim against subcarriers'

Article

Arnecke Sibeth Dabelstein | Germany | 18 Dec 2019

Proof of carrier's qualified fault in case of partial loss of transported goods

A recent Higher Regional Court of Dusseldorf decision concerning the partial loss of goods has strengthened the position of carriers. The court found

Article

Arnecke Sibeth Dabelstein | Germany | 11 Dec 2019

Delivery damaged - only damaged pallets and packaging are liable for reimbursement

No matter how well goods are packaged and how great the effort of a carrier to consign a delivery in perfect condition to the customer, damage to

Article

Arnecke Sibeth Dabelstein | Germany | 3 Dec 2019

Proximate cause of grounding in bad weather after engine problems and insurers' right to information

The Bremen Court of Appeal recently held that the proximate cause of a vessel's grounding after its main engine had cut out was the bad weather

Article

Arnecke Sibeth Dabelstein | Germany | 13 Nov 2019

Delivery of goods by parking container outside consignee premises

According to the Bremen Higher Regional Court, if agreed by contracting parties, goods can be delivered by parking a shipping container in front of

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