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Freight claim in case of premature termination of freight contract
The plaintiff, a fixed-cost freight forwarder, asserted against its principal (the defendant) a freight claim of €190,000 under a multimodal transport contract (road, inland waterway and sea vessel) from Germany to Sweden.
The freight contract was only partially executed by the plaintiff, which had commissioned the intervener as sub-carrier with the transport. However, after there had been a dispute with the plaintiff concerning the amount of the freight and the plaintiff had refused to continue the transport at the port of Hamburg without payment of the freight claimed and had threatened to exercise its lien, the defendant in turn commissioned the intervener to continue the transport from the port of Hamburg. Consequently, the plaintiff was no longer able to carry out the transport as agreed because the intervener was no longer acting as the plaintiff’s sub-carrier and thus no longer gave the plaintiff ....

Arnecke Sibeth Dabelstein , Essen Regional Court , Commercial Code , Arnecke Sibeth , எஸெந் பிராந்திய நீதிமன்றம் , வணிகரீதியானது குறியீடு ,