In our TransporTrends series, we partner with the Kompetenznetz Logistik.NRW / LOG-IT Club e.V. to provide regular updates on current topics, rulings, and trends in transportation and logistics law. In light of a recent Federal Court of Justice (BGH) ruling, Dr. Jan Hermeling explains today why salvage costs following a transport accident are not automatically recoverable and what shippers, consignees, and carriers should keep in mind when settling claims.
In accidents involving freight transport, recovery and towing costs are regularly incurred in addition to the actual damage to the goods. Until now, it was particularly unclear to shippers, freight forwarders, and carriers whether such costs could be claimed—in addition to compensation for the damaged goods—under the doctrine of agency without authority. The Federal Court of Justice (BGH) has now significantly restricted this possibility.
Facts / Key Points
In its ruling of July 2, 2026—I ZR 134/25—the BGH had to decide on a case involving a semi-trailer that had been involved in an accident and sustained significant damage. The shipper had the semi-trailer recovered after the accident and transported to its branch office. This incurred costs of €300. In addition to compensation for the damage to the semi-trailer, the shipper also sought reimbursement of these recovery costs.
The Court of Appeals had upheld a claim based on authorized agency without authority. The semi-trailer had posed a traffic hazard and a source of danger after the accident; the shipper had therefore also carried out a transaction on behalf of the carrier.
However, the Federal Court of Justice (BGH) rejected this claim. According to § 432, sentence 1, of the German Commercial Code (HGB), only those “other costs incurred in connection with the carriage” are recoverable that would also have been incurred had the carriage been performed in accordance with the contract and that would have contributed to the value of the goods at the destination. Costs incurred as a result of damage, in particular the costs of recovering damaged cargo, are not included in this provision.
At the same time, the Federal Court of Justice (BGH) clarifies that loading equipment such as pallets, containers, loading devices, or trailers can be considered cargo in the broader sense. This applies, in any case, when they enable, facilitate, or secure the transport. The semi-trailer used by the shipper was therefore to be regarded as cargo within the meaning of Sections 407 and 425 of the German Commercial Code (HGB).
Legal Classification
The key point is this: When a transport-specific risk materializes, salvage costs cannot be claimed outside the scope of liability under freight law pursuant to Sections 425 through 432 of the German Commercial Code (HGB). This also applies even if the salvage does not serve to rescue the goods but becomes necessary because the damaged goods are causing an obstruction at the scene of the accident or blocking traffic lanes.
A refund based on the principles of agency without authority is also ruled out. The limitations on liability under freight law expressly apply to non-contractual claims for damage to the goods as well. Otherwise, the limitations on liability under freight law could be circumvented by invoking agency without authority.
The Federal Court of Justice (BGH) thereby clarifies that the purpose of the salvage operation is irrelevant. The BGH rejects the distinction made by the appellate court between salvage intended to save property and salvage intended to remove an obstruction to traffic.
Practical Note / Recommended Course of Action
- Shippers and consignees should not automatically claim salvage costs as a recoverable incidental claim.
- When settling claims, carriers should verify whether the costs are directly attributable to damage to the cargo.
- According to the decision, liability for damages under general law does not apply in any case where—as in the accident involving the semi-trailer—a transport-specific risk has materialized.
If you have any questions, please feel free to contact the author, Dr. Jan Hermeling, and the Transportation & Logistics Competence Team.