German Maritime Law

Sources of German Maritime Law

Book 5 of the German Commercial Code (Handelsgesetzbuch, HGB) §§ 476–619 is the primary codification of German maritime law. The 2013 reform (Gesetz zur Reform des Seehandelsrechts) comprehensively modernised the law, aligning it with international conventions and modern commercial practice. The General Average Rules, the Ship Registration Regulation (Schiffsregisterordnung, SchRegO), the Maritime Labour Act (SeeArbeitsgesetz, SeeArbG), and the Federal Waterways Act (Bundeswasserstraßengesetz, WaStrG) supplement the HGB. The German Maritime Arbitration Association (GMAA) provides institutional arbitration for maritime disputes, with Hamburg as a leading centre for maritime arbitration.

Ship Registers

Germany maintains a Register of Ships (Schiffsregister) for vessels flying the German flag, and a Register of Ships under Construction. The German International Ship Register (Internationales Seeschiffsregister, ISR) was established to improve the competitiveness of the German merchant fleet. Vessels registered in the ISR fly the German flag but benefit from tax advantages, including the tonnage tax regime, and may employ international crew members under contracts governed by foreign law with lower wage standards. The ISR has been instrumental in maintaining a substantial German-flagged fleet.

Maritime Claims and Ship Arrest

Maritime claims may be enforced through the arrest of ships under the Code of Civil Procedure (Zivilprozessordnung, ZPO), implementing the International Convention on the Arrest of Ships. The arresting party must demonstrate a maritime claim and the risk that enforcement would otherwise be frustrated. Arrest is available for a broad range of claims, including collision damage, cargo loss, salvage, and bunker supply. The court may order the arrest of the particular ship in respect of which the claim arose or, in some cases, a sister ship owned by the same party.

Carrier’s Liability

The HGB provisions on the contract of carriage of goods by sea implement the Hague-Visby Rules. The carrier must exercise due diligence to make the ship seaworthy before and at the beginning of the voyage and must properly care for the cargo during the voyage. The carrier’s liability for loss of or damage to cargo is limited to 666.67 SDRs per package or 2 SDRs per kilogram of gross weight, whichever is higher, unless the value was declared. The period of responsibility runs from the receipt of the goods for carriage to their delivery.

General Average and Collision

General average is governed by the York-Antwerp Rules, with the German Committee on General Average (Deutscher Komitee für das Seeversicherungswesen) providing adjustment services in Hamburg. The collision of ships is regulated by the HGB and the COLREGs. Liability for collision damage is apportioned according to the degree of fault; if fault cannot be determined, the loss is borne equally. The HGB implements the International Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels 1910.

Salvage and Limitation of Liability

Salvage is governed by the HGB and the International Convention on Salvage 1989. The salvor is entitled to a reward if the operation achieves a useful result, calculated on the basis of the salved value, the skill and efforts of the salvors, the risk of pollution, and other criteria. The limitation of liability follows the LLMC 1976 as amended, with limits established in SDRs per tonnage category.

Maritime Labour and Environment

The Maritime Labour Act (SeeArbG) implements the Maritime Labour Convention 2006, regulating seafarers’ working conditions, including hours of work, leave, accommodation, and health protection. Environmental liability is governed by the Environmental Liability Act (Umwelthaftungsgesetz) and international conventions including the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the Hazardous and Noxious Substances (HNS) Convention, with the German flag state ensuring compliance through port state control inspections.