Aachen Regional Court & Cologne Higher Regional Court take on central role in freight, forwarding and warehousing transactions – What you need to know now:
A significant change in the German court system is imminent, which will have a direct impact on all companies involved in transport, forwarding and warehousing transactions, especially in North Rhine-Westphalia. The ‘Second Ordinance Amending the Ordinance on Jurisdiction of 3 June 2025’ will come into force on 1 July 2025 and will lead to a significant centralisation of certain judicial competences in our federal state. The aim of this reform is to pool expertise in the courts and increase efficiency in complex areas of law.
What does this mean in concrete terms for the transport industry?
The ordinance creates special, exclusive jurisdictions for transport law disputes in North Rhine-Westphalia:
1. First instance jurisdiction: The Aachen Regional Court becomes the central point of contact
From the effective date, the Aachen Regional Court will have exclusive jurisdiction for all lawsuits relating to claims arising from the transport of goods by road and rail, as well as freight forwarding and warehousing transactions in connection with such transport, which are handled by the courts in North Rhine-Westphalia. This also applies to international cross-border transport.
- What does this cover? In addition to the aforementioned domestic German constellations, this includes, in particular, cases falling within the scope of the CMR Convention (i.e. international road transport) and international rail transport in accordance with the CIM regulations within the framework of the COTIF Convention. In practical terms, this means that, for example, freight claims or claims for damages arising from these national and international goods transports, for which various regional courts in North Rhine-Westphalia may have been responsible in the past, will now be heard collectively in Aachen.
- Important distinction: Goods transport by water (sea and inland waterways) and air freight transport remain excluded from this centralisation. These continue to follow their specific rules of jurisdiction.
2. Second instance jurisdiction: The Higher Regional Court of Cologne for appeals and complaints
When it comes to appeals or complaints in disputes arising from freight, forwarding and warehousing transactions, the Higher Regional Court of Cologne will be responsible for the whole of North Rhine-Westphalia from 1 July 2025. This therefore affects the next instance for a wide range of transport law disputes in the state.
Impact on your jurisdiction clauses in general terms and conditions and contracts
The jurisdictions created by this regulation are mandatory and exclusive. This is a critical point for many companies:
- No more free choice within North Rhine-Westphalia: This means that you and your contractual partners will no longer be free to choose another place of jurisdiction or venue within North Rhine-Westphalia through general terms and conditions (including the ADSp) or individual agreements if the case falls under the new jurisdiction rules. Clauses in your existing general terms and conditions that, for example, specify a different place of jurisdiction in North Rhine-Westphalia are likely to be invalid for the cases concerned from 1 July 2025.
- Choice of external places of jurisdiction remains unchanged: The good news is that the option of agreeing on a place of jurisdiction in another federal state (e.g. Hamburg) or using additional places of jurisdiction under international agreements such as the CMR remains fundamentally unaffected. However, this only applies if these places of jurisdiction are outside the now exclusive jurisdictions in North Rhine-Westphalia.
Recommended action and next steps
These changes require your immediate attention. Please note that proceedings already pending before 1 July 2025 will continue to be subject to the previous jurisdiction. However, the utmost care is required for all new cases.
We strongly recommend that you:
- Review your internal processes: Ensure that your employees who deal with lawsuits or legal remedies are informed about the new jurisdictions.
- Review your terms and conditions: Have your general terms and conditions of transport and sample contracts reviewed for any necessary adjustments to the jurisdiction clauses.
Given the significance of these changes and the need to quickly establish specialised jurisdiction in Aachen, we are happy to provide you with comprehensive advice. Let us discuss together which strategy is best for your company to optimally adapt to the new situation.
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