Transport Law: German, Greek and International Framework

Transport law comprises the legal rules governing the carriage of goods. Passenger transport and baggage are excluded from this overview.

National Law: Germany and Greece

- Germany:
  Transport law and related contract types are regulated in the German Commercial Code (Handelsgesetzbuch, HGB), §§ 407 et seq. These provisions apply to the carriage of goods by road, rail, air, and inland waterway.
- Greece:
  Relevant rules are found in the Greek Commercial Code (Royal Decree 19/1835), particularly Arts. 90–94 and 100–107, which govern carriage and forwarding.

Carriage and Forwarding Contracts

- Carriage contract:
  Under a carriage contract, the carrier is obliged to transport the goods to the agreed destination and deliver them to the consignee.

- Forwarding contract:
  By contrast, the forwarding contract (§§ 453 et seq. HGB) is a specific type of service agreement under which the forwarder organizes the transport of goods for remuneration. Additional services such as insurance, packaging, labelling, and customs clearance can be agreed individually.

In Germany, the General German Forwarders’ Terms and Conditions (Allgemeine Deutsche Spediteurbedingungen, ADSp) provide standard contractual guidance.

Key distinction:
The carrier owes the physical transport itself, whereas the forwarder undertakes the organization of the transport (e.g., selection of mode, carrier, and insurance).

Intermodal Transport (§§ 452–452d HGB)

Intermodal or combined transport integrates several modes of transport into one continuous chain between sender and consignee without changing the loading unit. This approach leverages the strengths of each transport mode; containers are the most common loading units.

All combinations of road, air, rail, and sea transport are possible. A distinction is made between:

Independent loading units, capable of transport without aids (e.g., piggyback, roll-on/roll-off, or barge systems), and

Non-independent units requiring external means.

A single, uniform contract of carriage is not mandatory for intermodal operations.

Warehouse Contracts

In Germany, warehouse contracts are governed by §§ 467 et seq. HGB. In Greece, supplementary rules to the Civil Code’s deposit provisions are contained in Law 3077/1954.

As a form of custody, warehouse services typically include the storage, transshipment, and delivery of goods for industrial and commercial clients. Contracts specify the goods’ nature, quantity, weight, packaging, handling, storage period and method, documentation, insurance, and remuneration.

The HGB further regulates warehouse receipts, liability, liens, and limitation periods.

Maritime Transport Law

German maritime transport law is codified in §§ 476 et seq. HGB.

In maritime commerce, contractual freedom largely applies, although international conventions — particularly the Hague Rules — take precedence where applicable.

Transport Insurance Law

Transport insurance includes goods insurance and hull insurance for transport vehicles and vessels.

For land and inland waterway transport, the Insurance Contract Act (Versicherungsvertragsgesetz, VVG) and standard insurance terms apply, such as:

Carrier’s liability insurance under § 100 VVG (DTV-VHV 2003/2011),

Hull insurance under DTV-ADS 2009.

Goods insurance protects the cargo during transit (§ 130 (1) VVG), whereas hull insurance covers the transport means themselves (§ 130 (2) VVG).

International Transport Law

In international carriage of goods, the national provisions of the German and Greek Commercial Codes are superseded by international conventions, including:

CMR (Convention on the Contract for the International Carriage of Goods by Road):

Applies mandatorily to international road transport where at least the country of dispatch or destination is a Contracting State (Germany and Greece are both members).

The CMR governs party duties, liability, and limitation and is typically evidenced by the CMR consignment note. It can also apply to road segments in intermodal transport (e.g., piggyback).

COTIF (Convention concerning International Carriage by Rail):

A treaty among 42 States establishing OTIF (Bern). It governs documentation, liability, and enforcement in international rail transport. EU Member States remain bound by EU law obligations.

Warsaw Convention (1929) and Montreal Convention (1999):

The Montreal Convention, which has replaced most Warsaw provisions, modernizes liability rules for international air transport of passengers, baggage, and cargo. Germany and Greece are parties to it.

CMNI (Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway):

Applies where goods are carried internationally by inland waterway between different States, at least one of which is a Contracting Party (Art. 2 CMNI). In Germany, §§ 407 et seq. HGB apply alongside the CMNI’s provisions on duties, documentation, and liability.

Hague Rules (1924):

The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading establishes uniform carrier liability rules towards the shipper when a bill of lading is issued.