Since the end of February 2020, trade fairs and exhibitions, internal and external conferences and the associated contracts with the relevant suppliers, i.e. in particular exhibition stand constructors and hotels, have been cancelled both in Germany and abroad. This affects entire supply chains, from transport to on-site catering.
The question of who has to reimburse which costs already incurred to whom quickly arises. In addition, existing supply chains are considerably disrupted by government bans on activities or, quite banally, by the introduction of border controls and the resulting interruption of transit traffic. NRG Nussbaum Rechtsanwaltsgesellschaft is already involved in numerous cases of this kind.
If international conventions such as the UN Convention on Contracts for the International Sale of Goods (CISG) or the Convention on the Contract for the International Carriage of Goods by Road (CMR) apply to cross-border delivery or transport contracts, these regulations contain codified references. Also in foreign legal systems, such as Italy (Art. 1467 codice civile), Greece (Art. 388 ZGB) or France (Art. 1195 code civil), there are regulations which regulate the obligations of the contracting parties in the event of so-called force majeure.
This is different under German law. Here, in the case of so-called force majeure, with some exceptions, such as in travel contract law, there are no special regulations. This means that one has to deal with the general regulations of the law of sale, rent or contract for work and services as well as the general law of obligations. However, even by making use of these general regulations, a solution satisfactory to all parties can be found in the vast majority of cases.
Please contact us, we will be happy to assist you in this respect as well and are available at all times in the usual quality.