Transport law

Transport has always been one of the most important human activities and its role in the economy is simply irreplaceable. This is also evidenced by the fact that in international trade, the contract of carriage is the second most frequent type of contract, right after the purchase contract. At Rödl & Partner, we are well aware of the importance of transport and pay due attention to this practice area.

Whether it is road, rail, air, inland waterway, sea or combined transport, we prepare complete contractual documentation for our clients. Our core aim is to provide our clients with first-class legal services in this area, especially in the field of contracts of carriage for all the above modes of transport. Other related contractual documents are also taken care of by us. These are usually forwarding or insurance contracts (goods insurance, carrier's and forwarder's liability insurance, accident insurance, compulsory liability), storage contracts, complex logistics contracts or purchase contracts, all of which are closely associated with carriage of goods. We provide expert answers to our clients' questions about the use of various shipping documents such as consignment notes or bills of lading.

In addition to the contractual agenda, we also deal with associated issues related to the running of transport operations. We review whether the conditions for operating the transport, such as the financial capacity and other concession-related issues, have been met. We also resolve problems of misdemeanor law; speeding or an overloaded vehicle are common offenses. And we do not neglect issues relating to cabotage.

Advice in the field of labor and tax law is also related to the various areas of transport law. At Rödl & Partner, we do not perceive transport separately, but in the context of the associated legal relationships.

We represent our clients in court and arbitration proceedings. Compensation for damage to a transported consignment, recovery of insurance benefits or enforcement of recourse claims of insurance companies are just a short list of possible problems. We also provide representation before administrative authorities, or during mediation or out-of-court dispute resolution.

We also provide training according to the pre-defined needs of the client directly at the client's premises. And we assist clients in setting up internal processes within the client's plant, with regard to meeting the requirements stipulated by the applicable legal standards.

For clients that wish to take advantage of such services, we continuously monitor relevant legislative changes and the case law related to their activities. Due to our global footprint, we can provide our clients with the services of foreign legal specialists, which is a significant advantage in the field of international transport.

We offer the following legal services

•  Preparation of complete contractual documentation (including commercial terms and conditions) for all types of transport in accordance with the requirements of the Civil Code, CMR Convention, COTIF Convention, Hamburg Rules, Montreal Convention, CMNI Convention, Government Order No. 1/2000 Sb., on transport rules for public railway freight transport, etc.
• Review of the contractual documentation used by a client or the documentation provided by the client's counter-party, with regard to all types of transport 
• Representation in proceedings before courts (disputes over compensation for damage to a transported consignment, disputes over the payment of carriage charges, recovery of insurance benefits, enforcement of recourse claims of insurance companies, etc.)
• Representation before administrative authorities (especially offenses in road traffic and the agenda related to the application of Act No. 266/1994 Sb., on railways)
• Representation in arbitration proceedings (especially before the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic)
• Representation during mediation and out-of-court resolution of disputes
• Legal advisory in the setup and optimization of internal processes at a client's plant or business in accordance with the requirements stipulated by the relevant legal standards
• Legal advisory in the setup and optimization of processes forming part of a logistics chain
• Legal advisory on labor law in the transport sector

• Transport-related tax advisory, including on VAT
• Internal training in accordance with the client's wishes and requirements
• Monitoring changes in legislation and case law in the areas selected by our client

Memberships

We are active members of the following organizations and associations

• German Society for Transport Law (Deutsche Gesellschaft für Transportrecht - DGTR)
• Association of Forwarding and Logistic of the Czech Republic (SSL)
• Board of the Czech Society for Transport Law
  

We are registered in the IRU legal assistance network.