Quick Cargo Managing Director Stephan Haltmayer on the “FCS at Frankfurt Airport” case:
“The dispute that has broken out here contains complex aspects. However, the core issue is who is responsible for the discharge? The legal basis for us – from the freight forwarders’ perspective – is simple: we have a contract with the respective airline, which in turn has its contractual relationship with the respective ground handling partner. The legal situation (the freight forwarding and logistics association of Hesse and Rhineland Palatinate SLV has already pointed this out) is clear: the delivering company does not actually owe the unloading. This obligation applies to the air freight carrier or the air freight handler commissioned by him, who acts as his vicarious agent. (Judgment of October 27, 1978, file number: I ZR 114/76).
In the past, there was no contractual relationship between the ground handling partner and the freight forwarder. In our view, an agreement on the unloading fees must first be made. Here we support the SLV and their concern to find a viable solution for all parties. The current situation and the resulting uncertainty are weakening the Frankfurt location. And certainly no one can have an interest in that! Especially since the handling situation at Frankfurt Airport has been quite difficult in recent years due to the lack of IT infrastructure. We as a company have prepared ourselves, if there are bottlenecks again we will switch to other European air freight centers.
The current fees in question largely affect medium-sized businesses, as the fees only affect loose freight that has been unloaded. We must vehemently defend ourselves against such discrimination – especially in the interests of our customers. As a company, we also followed the DSLV’s recommendation and objected to the unloading fees. All possible payments in this context will only be made subject to repayment in order not to endanger ongoing operations.”
