Rechtsanwalt Frank Geissler 

 Ihr Fachanwalt für Transport, Spedition und Versicherung in Hamburg und Schleswig-Holstein

Austrian Transport Law

In addition to international agreements such as CMR, Warsaw Convention (in German: “Warschauer Abkommen WA”) and Montreal Convention (in German: “Montrealer Übereinkommen MÜ”) in Austria there is some other material law, which is essential in transportation law.

Worth mentioning in this context are in particular the provisions in the fourth book of the Austrian Commercial Code (UGB). The sections 407 to 415 in the UGB deal with the forwarders business, followed by the warehousing business (sec. 416-424) and the freight business (sec. 425-452). Sec. 439a UGB declares Art. 2 to 30 and 32 to 41 of the CMR applicable for inner austrian transports.

Alongside the UGB (as federal law) there are still the AÖSp (Allgemeine Österreichische Speditionsbedingungen – general Austrian forwarding rules). The AÖSp are not a law, but standardised conditions. According to the jurisdiction the AÖSp shall apply between certain companies and carriers by commercial usage. The AÖSp regulate, among others, the liability exemptions, regulations and deadlines and the limitation period. Especially important in practise is the setoff, i.e. that any damage is not to be offsetted against the commission of the freight forwarder.

Of course, in addition to these "special rules" and the Civil Code (General Civil Code), the consider EKHG (rail and motor insurance law) in each individual case. So the EKHG determines in an accident between two motor vehicles - thus also trucks or automobiles - a strict liability of the holder and the insurance.