FACHANWALT für TRANSPORT- und SPEDITIONSRECHT

Danish Transport Law

Transportation of goods can be performed as road transport, maritime, rail or air transport.

Road Transport

National Road Transport

If the transport has the origin as well as the destination in Denmark, it is a national road transport. Transportation is not covered by mandatory law and there is freedom of contract in this field.

International Road Transport

International road transport is governed by the ”Convention on the contract for the international carriage of goods by road (CMR).” The transport is an international transportation, if the transport is carried out among at least two different countries, where at least one of the States has acceded the CMR.

The law is mandatory, that is, the legal provisions are in force, regardless of the agreement the parties have entered into.

The carrier has a strict liability pursuant to the CMR, since the carrier is liable for loss and damage of goods occurring during the period from reception until delivery and delayed delivery.

The carrier is free from liability, if he proves, that the loss, the damage or the delay is caused by fault or negligence of the beneficiary's side, the instructions from this, that are not caused by fault or negligence on the carrier's side, nature of the goods or other circumstances, which the carrier could not avoid and whose consequences he could not prevent.

By visible damages there shall be given notice immediately according to the CMR, and by invisible damages in writing within 7 days. The consequence of not having given notice within said complain limit, is that the goods are deemed to be received in the consignment note specified condition.

By delay there shall be given notice within 21 days. The receiver loses the right to compensation for delay, if he not before the expiry of the complain limit has given written notice to the carrier, that he will invoke the delay.

The limitation period is 1 year, however on purpose or by gross negligence 3 years. That is, that proceedings must be started within one year, or if there it´s on purpose or gross negligence within three years.

For loss and damage the carrier's liability is maximized to 8.33 SDR per kilogram damaged or lost goods.

By delay the carrier must compensate for the damage, but the compensation is maximized to the freight amount.

Sea transport

Maritime Law, Act No. 856 of 2010-07-01 regulates sea transport.

Maritime Law distinguish between whether it is a cargo transport chapter 13 or chartering ships chapter 14 including travel and time charter or carrying passengers and luggage chapter 15th.

The carrier is responsible for the goods, while it is in his custody in the port during the transport and the port of discharge.

Carrier responsibility includes damage, loss and delay. The responsibility is fault with reversed burden of proof. The carrier is free from responsibility, if he proves, that loss or damage resulting from errors or omission in the navigation or handling of the ship is expelled from the captain, crew, pilots or others who perform work in the ship's service, or fire, unless caused by fault or negligence of the carrier itself.

Compensation for damaged or lost goods must be determined based on the value of goods of the same kind at the place and time, where the goods in accordance with the transportation contract were or should have been delivered.

The liability is maximized to 667 SDRs per package or other unit of goods or 2 SDR per kilogramme. gross weight of the goods lost, damaged or delayed, depending on what provides the highest amount.

By delay the carrier's liability is maximised to an amount equal to two and a half times the freight payable for the delayed goods. The liability can not exceed the total cargo.

The limitation period is 1, 2 or 3 years depending on the claim.

 

Railway Transport

National railway transport of goods is regulated by the DSB Act and regulations for transport of goods. The rules are mandatory, and there is strict liability for the carrier.

International rail transport of goods is regulated by the CIM Convention. CIM rules are mandatory and there is strict liability for the carrier.

 

Air transport

Air transport is regulated by the Air Navigation Act No. 959 of 2011-09-12, and the Montreal Convention of 28 May 1999.

Aeronautics Act is based on the Warsaw Convention as amended by the Hague Protocol of 28. September 1955.

The carrier is objective responsible for loss of or damage to cargo. The carrier, however, escapes from liability in certain cases, including to the extent the damage is caused by errors or defects in the cargo or its nature.

In practice, parties often have agreed, that the air transportation of cargo is carried under the Air Waybill or IATA Conditions of Carriage for Cargo. The limitation period is 2 years.

Disputes and monetary claims

If the debtor has not objected to the money demand, and this does not exceed DKK 100,000 (EUR 13,430) the collection can be proceeded at the courts without prior acquisition of judgment.

If the claim exceeds DKK 100,000, it is necessary to obtain a judgment on the claim before the collection can proceed in the enforcement court.

 

2016 - RA Frank Geissler / Fachanwalt für Transport- & Speditionsrecht und Versicherungsrecht