EZP law firm provides legal services to entrepreneurs from the transport, spedition and logistics industries.
The legal services focus primarily on issues of carrier liability under civil, administrative and criminal laws regime – for civil torts, administrative torts arising from breaches of provisions of law and criminal offenses.
Transport entrepreneurs feel double- or triple-punished for the same breach when fines are imposed on them, once in the administrative proceedings, the second time in the course of criminal proceedings or proceedings in cases of offenses and the third time in the civil proceedings regarding the recourse claims raised against them or claims for liability for contractual obligations. It should be mentioned that, in practice it is the entrepreneur who bears the financial burden of fines imposed on drivers. Therefore, the multiplication of financial penalties and the application of multiple liability regimes for the same breach necessitates the legal protection of an entrepreneur and the respect of its rights and interests guaranteed by the guiding principle of the prohibition of punishing twice for the same act (Latin “ne bis in idem”), as well as by provisions of the European Union and international laws. These and other issues were the subject of cases conducted by the firm, which mostly ended with annulment of the appealed decisions already at the stage of administrative proceedings.
The firm provides legal services to transport entrepreneurs, in particular in the following areas:
- drafting and reviewing contracts for transport, forwarding and occasional transport contracts, in particular matters regarding the conclusion of the contract,compensation, termination and termination of the contract, contract, the effects of non-performance or improper performance of the compensation and contractual penalties, loading and unloading of goods, pledge and insurance
- advice on the conditions of application of the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) and supplementary provisions of national law
- representation in matters related to the responsibility of persons managing road transport in transport companies, as well as other persons performing activities related to road transport and drivers
- representation in cases of breach of the provisions on the working time of drivers, breach of the provisions regarding the use of recording equipment or related to the driver’s lack of required documents during the transit
- consultancy and representation of carriers during inspections conducted by the Road Transport Inspection and other authorized bodies
- consultancy and representation in the field of road transport of dangerous goods in accordance with the provisions of the Act of 19 August 2011 on the transport of dangerous goods and the European agreement on the international road transport of dangerous goods (ADR) concluded in Geneva on 30 September 1957.