Even road recovery companies do not only have rights !

OLG Bamberg restricts the rights of retention of salvage companies and approves an action by NRG Nussbaum Rechtsanwaltsgesellschaft.

In a decision of 7 January 2020, the OLG Bamberg ( Bamberg High Court of Justice) confirmed a ruling by the Landgericht Würzburg (Würzburg Regional Court), according to which a salvage company may not store perishable goods (in this case fruit and vegetables from Italy), which it picked up on the motorway during the salvage of a frigorific truck, at the expense of the vehicle owner. This applies in any case if the salvage company is informed immediately that it is to destroy the salvaged goods after the insurance company or the vehicle owner has knowledge of the accident . If it nevertheless stores the goods and then demands storage costs, this is not in the interest of the carrier.

This makes it easier for the carriers in question to control excessive invoices and to enforce the claim for the restitution of usually urgently needed vehicles. The practice of shifting the risk of litigation in the case of excessive recovery invoices from the rescue contractor to the carrier can thus be countered more easily and effectively by the "normative power of the facts". Finally, it becomes clear what special position the storage of perishable goods has and in this respect the carrier does not have to compensate for unnecessary storage if such storage is not in his objective interest and he has not expressly placed an order for storage.

This is an important decision for all transport companies and their insurers, especially in the area of temperature-controlled transports.

For further information please contact Mr. Frank-M.Nussbaum, Rechtsanwalt