Coronavirus – What to do with transport orders to and from Italy?

The consequences to international transport of goods are growing increasingly serious, and the current situations opens a lot of questions. We have summed up the most important pieces of information.

Coronavirus has arrived to Europe. In Italy, above all, there is currently an increase in the number of infections with the SARS-CoV-2 /COVID19 virus. What should senders, forwarders and transporters keep in mind when it comes to the affected regions and how should they act when the situation is not clear? Find out here*.

At the moment, bans are in effect on entering and leaving certain places in Lodi and Padova in northern Italy. If you are unsure about the state of things on spot (at the loading place or the destination), we recommend to find information about transport limitations from Italian organs and contact the ordering party.

Safety guidelines could change soon. More information can be found here: DE https://www.auswaertiges-amt.de/de/aussenpolitik/laender/italien-node/italiensicherheit/211322, IT http://www.salute.gov.it/nuovocoronavirus/

What is the legal situation before the transport begins?

If the transport has not yet started, there could be the so-called objective impossibility when it comes to permanent bans. Transport agreements that cannot be realized practically are null and void. No obligations arise from such contracts. Neither forwarders nor transporters are obliged to provide trucks, nor is the contractor paid for an undelivered tour.

If it is known, before the loading, that the ordering or the receiving party are not working only as a precaution due to coronavirus, the ordering party is responsible for the cancellation if a state-imposed ban on operations or production cannot be proved.

We recommend to contact your ordering party in advance in this case.

What is the legal situation for ongoing transport?

If the transporter or the forwarder have accepted the transport order through a smart logistics system, it counts as a legally binding contract signed with the ordering party.

If the transport from or to a region affected by coronavirus, has already begun, that is, primarily before the loading, you could face bans on driving at access roads or entire places as a consequence of official measures. In this case, there's a so-called barrier to transport. Articles 14 and following of CMR apply here. In that case, the transport order needs to be changed, which requires the ordering party to provide guidelines, for example, entailing an alternative destination.

In such cases, that transporter, as a rule, has the right to a compensation for additional costs, such as, for example, due to a longer then planned route.

If the ordering party fails to provide any instructions or provides unacceptable instruction after being called to do so, the transporter can end the arrangement. However, be careful! In that case, the transporter is responsible for storing the goods adequately. In some cases, such as easily spoiled goods, a forced sale can be an option.

The same goes for situations in which, for example, the company of the sending or the receiving party is closed or blocked, rendering the loading and the unloading of trucks impossible. In case of doubt, the transporter first needs to produce evidence of the company being blocked or closed.

If you are looking for storage locations in the short term, you can find adequate solutions within a smart logistics system through the Skladista smart app. [Link: https://www.timocom.de/smart-logistics-system/skladišta]

If transport from or to such regions is planned, we recommend to establish contact with the ordering party on time in order to avoid potential disputes and misunderstandings in the future.

More information about the roads currently closed for trucks can be found at www.truckban.info.

* This information does not constitute legal advice. In case you need clarification about a concrete example, address your lawyer, so that all the special features and national laws would be taken into account.

TimoCom

TIMOCOM GmbH Erkrath

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