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Road transport

In the Netherlands, and particularly in and around the supply port of Rotterdam, transport and logistics play a major role. The margins in road transport are under incredible pressure. For a businessman it is therefore important to properly document agreements about quantities, deliver times and location and the conditions and responsibilities under which this is done in contracts. When transport grinds to a halt due to cargo damage, or if a supplier or buyer gets into difficulties, action is required. After all, it concerns direct damage; damage that should be reduced to the greatest possible extent.

Our lawyers have knowledge of the transport and logistics sectors and can help you draw up transportation agreements, they can assist you with questions about (the use of) general terms and conditions, issues in the fields of transport, expedition, distribution and transshipment and liability issues. As soon as litigation is required, we will work closely with our lawyers, who specialise in litigation.

We act on behalf of (international) transport companies, distributors, transshipment companies and logistical service providers.

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Self-driving and truck platooning: a modification of legislation is required

We read about it in the news so often: accidents - fatal or otherwise - with self-driving cars. One of the questions that arise is: who is liable for such accidents? This is a phenomenon not (yet) provided for by current legislation.

Conference on 60 years CMR reveals differences in application treaty

On 6 and 7 October, the International Conference 60 years CMR took place. I was pleased to attend the conference. The following is a brief report of several interesting issues that were discussed.

Carrier liable for damage after delivery

On 21 June 2016, the Arnhem-Leeuwarden Court of Appeal has rendered an interesting decision on the period of liability of the carrier. The main rule is that the carrier has done his duties, when he delivers the received goods without damage or delay. Therefore, the moment of delivery is an important moment for the transport contract. Parties may disagree on whether or not there has been a delivery and, therefore, whether or not it is the end of the liability period of the carrier.

CMR forum shopping

Article 31 of the Convention on the Contract for the International Carriage of Goods by Road (CMR) provides a wide choice of jurisdictions in which legal proceedings might be commenced. This includes the courts of a country within whose territory the defendant is ordinarily resident or has his principal place of business, or the place where the goods were taken over by the carrier or the place designated for delivery.

Peter Verheijden

commercial cooperations, mergers and acquisitions, employment law and employer representation 

+31 (0)10 209 27 75 verheijden@lvh-advocaten.nl

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Use of smartphones by drivers: prevent liability!

Recently, there was an article in Nieuwsblad Transport on a test performed by transport insurance company TVM, intended to improve safety on the roads. According to the article, research had shown that in many cases (or, according to the article, in no less than 71% of accidents) distractions play an important role, which distractions include the use of smartphones.

Claim for damages against a truck manufacturers’ cartel

On 19 July 2016 the European Commission imposed the largest fine ever on European truck manufacturers. The manufacturers were part of a cartel. This is the case for the manufacturers MAN, Volvo/Renault, Daimler, Iveco and DAF.

CMR forum shopping

Article 31 of the Convention on the Contract for the International Carriage of Goods by Road (CMR) provides a wide choice of jurisdictions in which legal proceedings might be commenced. This includes the courts of a country within whose territory the defendant is ordinarily resident or has his principal place of business, or the place where the goods were taken over by the carrier or the place designated for delivery.

More articles >