1. Commercial Law (Handelsrecht)
- Nullity of Wirecard AG Financial Statements
The Regional Court of Munich I (5th Chamber for Commercial Matters) declared the financial statements of Wirecard AG for the years 2017 and 2018 null and void. The court based its decision on violations of creditor protection provisions under Section 256(5) Sentence 1 No. 1 AktG (German Stock Corporation Act). - Gold Purchase in Itinerant Trade
The Higher Administrative Court of North Rhine-Westphalia (4th Senate) ruled that conducting short-term gold purchase events at changing locations violates the prohibition on buying and selling precious metals in itinerant trade. The court confirmed that this prohibition complies with EU law.
2. Freight Forwarding and Logistics Law (Speditionsrecht und Logistikrecht)
- Liability of Freight Forwarders for Loss of Goods
The Higher Regional Court (OLG) ruled that a freight forwarder is liable for the loss of transported goods due to gross negligence. In this case, the goods were improperly handled at the subcontractor’s warehouse and were untraceable for nearly two years. The court found unlimited liability under Article 29 of the CMR (Convention on the Contract for the International Carriage of Goods by Road). - Commencement of Limitation Period in Storage Contracts
The Federal Court of Justice (BGH) clarified that the limitation period for claims under storage contracts begins with the actual delivery of goods, as per Section 475a(1) in conjunction with Section 439 HGB (German Commercial Code). The decision emphasized that delivery is deemed completed when the warehouse keeper relinquishes custody, and the customer assumes effective control over the goods. - Passing on Container Demurrage Costs
The Regional Court of Hamburg ruled that a freight forwarder may pass on demurrage, detention charges, and other additional costs incurred by shipping lines to their client. The forwarder was acting as a fixed-cost freight forwarder under Section 459 HGB. The charges arose during the transportation of sea freight shipments from East Asia.
3. Maritime and Shipping Law (Seehandelsrecht)
- Shipping Delays and Demurrage Clauses
German courts have increasingly scrutinized demurrage clauses in shipping contracts to ensure compliance with transparency obligations under the HGB and international maritime conventions.
4. Customs Law (Zollrecht)
- Regulation of Chinese Online Retailers
Germany is drafting stricter regulations to ensure compliance with EU standards in product safety, environmental protection, consumer rights, and customs laws for online retailers such as Temu and Shein. This initiative aims to create fair competition and tighten customs enforcement.
Summary
These cases and regulatory changes highlight the evolving nature of German commercial, logistics, and customs law. They underscore the importance of compliance, particularly for businesses involved in cross-border trade, storage, and logistics services. For professionals and companies, staying informed of these developments is crucial to mitigate legal risks.