IndustriesTransport and logistics

Legal support for transport and logistics

We advise carriers, freight forwarders and logistics operators on permits, on contracts for carriage and storage, on customs procedures and on disputes over liability for goods.

Contact us Areas of support
CMRthe convention governing international road carriage
3 regimesdomestic carriage, international carriage and forwarding
7 daysthe usual period for notice of damage to goods
Industry overview

Legal framework and liability

Transport and logistics are governed by the rules on road transport, by international conventions and by customs legislation, together with the general rules of contract law.

Disputes most often arise over damage and shortage of goods, delay in delivery and recovery of freight charges. Limitations of liability and notice periods are decisive in each case.

Road transportPermits and conditions for carrying out transport activity.
International conventionsCMR and the rules on carrier liability.
Customs legislationProcedures, authorised economic operator status and transit.
Forwarding and storageForwarding, storage and ancillary service contracts.
Road safetyDrivers working time and roadworthiness of vehicles.
InsuranceCargo insurance and carrier liability insurance.
Our services

Most common areas of support

Six areas in which carriers and logistics operators most often ask for legal support.

01

Permits and conditions of operation

  • Obtaining permits for domestic and international carriage.
  • Requirements as to vehicles, personnel and financial standing.
  • Entries in registers and notification of changes.
  • Authorised economic operator status in customs procedures.
  • Representation before competent authorities.
02

Carriage and forwarding contracts

  • Contracts of carriage and framework contracts with shippers.
  • Forwarding contracts and engagement of sub-carriers.
  • Freight charges, surcharges and currency of payment.
  • Liability and limitation of liability provisions.
  • General terms of business and their incorporation.
03

Storage and ancillary services

  • Storage and inventory management contracts.
  • Liability for goods in the warehouse and stock shortages.
  • Customs warehousing and transit arrangements.
  • Packing, picking and distribution services.
  • Rules for goods requiring special storage conditions.
04

Customs and tax

  • Representation in customs procedures and before control authorities.
  • Classification, origin and valuation of goods.
  • Proceedings concerning customs offences.
  • Tax aspects of carriage and refunds.
  • Sanctions and export control rules.
05

Liability and insurance

  • Analysis of liability for damage, shortage and delay.
  • Handling notices of claim and reclamation periods.
  • Notification and recovery of claims from insurers.
  • Recourse claims against sub-carriers.
  • Internal procedures for handling claims.
06

Employment and disputes

  • Contracts with drivers and working time rules.
  • Engaging foreign drivers and work permits.
  • Disciplinary liability and damages caused by employees.
  • Disputes over freight charges and damages.
  • Arbitration and out-of-court dispute resolution.
How we work

What working with us looks like

Four stages, from legal analysis to ongoing support.

01

Regulatory analysis

We establish which licences, approvals and documents the proposed business model requires.

02

Documentation

We prepare contracts, internal acts and policies and coordinate procedures before the competent authorities.

03

Implementation

We represent the client in proceedings and negotiations through to a decision or the signing of the contract.

04

Ongoing support

We track legislative changes, supervisory procedures and the obligations that arise during operations.

Common questions

Questions clients ask

Up to what amount is the carrier liable for damage to goods?

In international road carriage liability is limited per unit of weight under the convention, except where the damage was caused intentionally or by gross negligence.

Within what period must damage be notified?

Apparent damage must be notified on taking delivery and hidden damage within a short period of receipt. Missing the period makes the claim harder to establish.

Who is liable if a sub-carrier performs the carriage?

The contracting carrier is liable to the shipper and then has a recourse claim against the sub-carrier. Contracts along the chain should therefore be aligned.

Is a freight forwarder liable as a carrier?

That depends on the obligation assumed. If it undertook the carriage in its own name it is liable as a carrier; if it only arranged the carriage its liability is narrower.

How is the engagement of foreign drivers arranged?

Work and residence permits are required, and the employment contract must comply with the rules on working time and on the posting of workers.

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Next step

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Describe your matter and we will point you to the lawyer who leads that industry.

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