Rail transport
Rail transport
Rail transport
Rail transport
Rail transport
Rail transport
The modal shift to the transport of goods by rail offers opportunities, but also entails risks. The international nature of this mode of transport and the tangle of international treaties, European legislation and national regulations in this area require specialised legal assitance in order to limit these risks and maximise opportunies.
Leeward assists players in this niche market with (international) rail agreements, the implementation of rail legislation, safety issues and the settlement of rail accidents.
Accountability
Derailment
Regulation
Accountability
The liability rules in rail transport for damage to goods, locomotives or wagons are governed by their own set of rules. The so-called COTIF Convention (Convention relative aux transports internationaux ferroviares) is important in the fireld of liability, inter alia, in rail contracts, wagon and locomotive rentals. The CIM ("Contrat de transport international ferroviaire des marchandises") determines a.o. who is entitled to claim and who is liable for the cargo damage, as well as the limitation period.
Leeward assists both national and international railway companies, wagon owners, wagon keepers, and freight interests in the recovery of damage to goods, wagons, locomotives, and discussions surrounding the rental of these assets.
Derailment
Although rail is regarded as one of the safest means of transport, derailments occur regularly. In many cases, these train accidents result in damage to the goods, train, cargo, rail infrastructure, third parties and the environment. The number of parties involved and the nature of damages make the settlement of these rail accidents particularly complex. In addition, national safety authorities, ("OOIS") and the regulator ("Dienst Regulering van het spoorvervoer en van de exploitatie van de luchthaven brussel-nationaal") are launching separate investigations. Legal guidance from the start is therefore a must.
Leeward assists railway undertakings, cargo interests and wagon keepers in the event of both national and international train derailments.
Regulation
Rail regulation is a complex story of international, European and national rules with rail criminal law as its own part. In-depth knowledge of the rules governing licences, user agreements and railway infrastructure capacity is essential for the exercise of any railway activity. In addition, this know-how is essential for assessing and concluding access and rail contracts.
Leeward advises railway undertakings and railway users on railway legislation and its implementation, and helps these actors to prevent criminal prosecution.