An Austrian cargo agent with its seat at Vienna International Airport hired services of the client, a carrying business with its seat in the Czech Republic. The cargo agent refuses to pay raising a set-off claim for damages allegedly incurred during transportation. A lawsuit has been filed – proceedings are closed – decision is pending. The proceedings might be continued with regard to the set-off claim though.
The Austrian court has to apply the CMR (Convention on the Contract for the International Carriage of Goods by Road) which is an United Nations’ Convention that was signed in Geneva on 19 May 1956. It relates to various legal issues concerning the transportation of cargo by road and has been ratified by the majority of European states.
The amount in dispute is approximately EUR 115,000.00.
The IR member law firms Oblin Melichar (Austria) and Schaffer & Partner (Czech Republic) have been working closely together on this and are optimistic to yield a positive result for their client.
About Oblin Melichar
The firm practises in the field of domestic and international commercial law with particular expertise in dispute resolution. They offer advice and representation with regard to all aspects of judicial and extrajudicial dispute resolution: out-of-court negotiations, litigation and arbitration proceedings as well as national and international enforcement proceedings
IR Member, Klaus Oblin;
Counsel and arbitrator in arbitrations under the rules of the International Chamber of Commerce (ICC), the International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC), the German Institution of Arbitration (DIS), the Swiss Chambers of Commerce (Swiss Rules), the Hungarian Chamber of Industry and Commerce, the Croatian Chamber of Commerce, the UNCITRAL Rules.
About Schaffer & Partner
Schaffer & Partner is an international group of tax advisors, auditors and lawyers with offices in Prague and Nuremberg. The head office, located in Nuremberg, was established in 1987. Today, Schaffer & Partner is an international team of over 100 experts.
IR member, Ales Eppinger;
Aleš Eppinger is primarily focused in rendering legal services in area of business law, in particular in mergers and acquisitions, furthermore in civil law, property law, insolvency law and judicial and arbitration proceedings. He is a partner of the Schaffer & Partner group from 2008 and has been registered at the Czech Bar Association since 2005.
