Definition and legal classification of collective storage
Collective storage is a term frequently encountered in German law, particularly in the context of warehousing transactions and freight forwarding law. In a narrower sense, collective storage describes the form of storage in which identical or similar goods from different depositors are kept together in a collective warehouse. Unlike individual storage, there is no specific assignment of stored goods to a particular depositor; instead, the inventory for each depositor is only recorded in accounting terms.
The legal provisions for collective storage are anchored in the German Civil Code (BGB) as well as the German Commercial Code (HGB) and derive primarily from the law of storage contracts. Collective storage is highly significant in the practical movement of goods, as it enables economically efficient warehousing, especially for bulk goods (e.g., grain, mineral oil, metals).
Legal basis of collective storage
Statutory regulations
The central legal basis for collective storage is Section 475a of the HGB. This provision states that the warehouse keeper may pool similar and fungible items belonging to different owners in one collective storage (collective storage). The provision primarily applies to fungible goods within the meaning of Section 91 BGB, meaning movable items that are typically determined by measure, number, or weight in commerce.
Excerpt from Section 475a HGB (Collective storage of fungible goods):
“If the warehouse keeper has stored fungible goods belonging to different depositors collectively (collective storage), each depositor shall have a co-ownership share in the collective stock, corresponding to the amount of goods stored for him.”
Legal consequences of collective storage
According to Section 475a (2) HGB, collective storage establishes fractional ownership or co-ownership in the entire stock. In a collective storage setting, each depositor does not acquire ownership of specific (identifiable) individual items but rather a mathematically determined share of the total stock of stored goods (co-ownership by fractions pursuant to Section 1008 et seq. BGB).
This ensures that all depositors are proportionally involved in the collective stock based on the quantities they have contributed and, in the event of delivery (segregation), have a claim to a corresponding share.
Parties and legal relationships
Parties involved
The following parties are typically involved in a collective storage agreement:
- Warehouse keeper: The person or company that operates the warehouse and facilitates collective storage.
- Depositor: The individual owners of each quantity of stored goods.
The legal relationship between warehouse keeper and depositor is based on a safekeeping contract pursuant to Section 688 BGB or a warehouse contract within the meaning of the HGB.
Contractual provisions
Permission for collective storage generally requires an express or at least implied contractual agreement. In practice, corresponding consent from the depositors is a prerequisite since collective storage represents a deviation from individual storage (cf. Section 691 BGB).
A valid agreement may, for instance, be contained in the warehouse keeper’s general terms and conditions (GTC).
Rights and obligations within the scope of collective storage
Rights of depositors
Depositors are entitled to the segregation of a part from the collective stock corresponding to their co-ownership share, but not to the return of the originally deposited individual item (if it is no longer individually identifiable).
There is also a claim regarding protection against loss or destruction of the collective stock: in the event of (partial) loss, the depositor is to be compensated proportionally, since they share in the overall stock.
Obligations of the warehouse keeper
The warehouse keeper is obliged to ensure proper accounting separation of the individual co-ownership shares. This particularly includes a complete record of incoming and outgoing goods as well as the proportionate inventory for each depositor.
The warehouse keeper is liable for loss or damage to the collective stock in accordance with the rules of warehouse contract law (Section 475 HGB) and may only be released from liability under the strict conditions set out in Section 475 (2) HGB.
Transfer of ownership and disposition in collective storage
In collective storage, for the acquisition or transfer of ownership in the collective stock, the application of Sections 929 et seq. BGB is decisive. In the case of collective warehouses, ownership is acquired through agreement and transfer of the share in the total stock of stored goods. The relationship of indirect possession plays a central role here.
Furthermore, the depositor can assign their share to third parties; this requires an appropriate assignment (cession) and, if necessary, notification to the warehouse keeper.
Insolvency law specificities
If the warehouse keeper becomes insolvent, the collective stock does not form part of the insolvency estate since the depositors remain co-owners (Section 47 InsO, right of segregation). All depositors may segregate their shares from the collective stock and are protected from access by other insolvency creditors. The insolvency administrator must therefore distribute the collective stock accordingly.
Distinction from individual storage and other types of storage
While in individual storage the goods of each depositor are kept physically separate, collective storage enables the consolidated keeping of goods without the individual items in the common stock remaining distinguishable. Mixed storage and type storage are related concepts but should be differentiated.
Summary and significance in economic life
Collective storage is a practically relevant, legally and economically recognized form of joint safekeeping for fungible goods. It offers numerous advantages to warehouse keepers and depositors regarding efficiency and cost-effectiveness but also brings with it specific requirements for contractual and accounting design, as well as the assurance of ownership and segregation rights. Statutory requirements ensure effective protection of the interests of all parties involved.
Literature and further sources
- German Commercial Code (HGB), in particular Sections 467 ff. and 475a HGB
- German Civil Code (BGB), in particular Sections 91, 1008 ff. BGB
- Insolvency Code (InsO), in particular Section 47 InsO
- Federal Court of Justice, case law on warehouse keeper law
- Commentaries: Staub/Hüffer, HGB; Palandt, BGB
Frequently asked questions
Which legal foundations govern collective storage in Germany?
The legal foundations of collective storage are governed in particular by hazardous substances law. Relevant regulations include the Chemicals Act (ChemG), the Ordinance on Hazardous Substances (Gefahrstoffverordnung – GefStoffV), as well as pertinent technical rules for hazardous substances (e.g. TRGS 510 ‘Storage of hazardous substances in portable containers’). Additionally, the Water Resources Act (WHG), the Federal Immission Control Act (BImSchG), and related ordinances such as the Major Accident Ordinance (12th BImSchV) set important requirements. Compliance with these regulations is mandatory; they define permissible storage quantities, required safety measures, and documentation requirements as well as the responsibilities of operators.
What are the permit requirements associated with collective storage?
For the collective storage of hazardous substances, various permits may be required depending on the storage quantity and potential hazards. According to immission control law, especially the Federal Immission Control Act, a permit may be necessary if a certain threshold is exceeded or if collective storage is expected to pose considerable risks to the environment or human health. Furthermore, water law may require additional notifications or permits, for example when storing water-endangering substances. Operators are obligated to check all relevant regulations before commencing collective storage and submit any necessary permit applications in good time. Violations may result in fines, operational shutdowns, or even criminal penalties.
What are the documentation obligations for collective storage?
Legal regulations require comprehensive documentation of stored hazardous substances, their quantities, storage locations, and safety measures. Operators must maintain an up-to-date hazardous materials register, especially in accordance with the Hazardous Substances Ordinance and TRGS 510. This must set out the type, quantity, classification, and storage modalities of all hazardous substances. In addition, safety data sheets for all substances must be available for inspection and submitted to authorities upon request. Documentation obligations also include evidence of hazard assessments, operating instructions, staff training, as well as regular inspections of storage containers and technical facilities. These documents must be kept for many years and made available for inspections.
What role does the sum rule play in the assessment of storage risks?
The sum rule plays a central role in the legal evaluation of storage risks, since it takes into account the additive effects of several hazardous substances stored together. Legal provisions such as TRGS 510 require consideration not just of individual amounts but of the totality of substances stored collectively. If the relevant sum values exceed certain thresholds, stricter safety requirements apply, e.g. regarding fire protection, ventilation, or storage organization. Sum rules thus serve to preventively protect employees, local residents, and the environment by ensuring that uncontrollable risks do not arise from the combination of different substances. Ongoing compliance must be verified and documented.
How are official inspections of collective storage conducted?
Official inspections are carried out regularly or for cause by the competent supervisory authorities, such as the trade supervisory office, fire department, or environmental agency. In collective storage situations, compliance with legal requirements, the currency and accuracy of documentation, the implementation of protective measures, and the suitability of storage areas are checked. Inspectors specifically verify whether sum rules are properly applied and calculated and whether storage limits are maintained as required. Violations of statutory requirements may result in official measures such as objections, hazard prevention orders, fines, or, in extreme cases, an order to close the operation.
What are the consequences of violations of quantity-based storage requirements?
Violations of quantity-based storage requirements may lead to significant civil and criminal consequences. Administrative offenses are punished with substantial fines; in cases of proven negligence or intent, criminal investigations for endangering people, animals, or the environment (e.g., Section 330 StGB – environmental crimes) may be initiated. In the event of damage, companies or responsible individuals may face civil liability claims. Authorities are also empowered to prohibit the use of the storage facility wholly or in part in cases of imminent danger. Violations often lead to stricter official monitoring and requirements for future storage.
What special provisions apply to collective storage involving different hazardous substance classes?
In the collective storage of different classes of hazardous substances, it must be noted that different legal requirements and threshold values apply to various substance groups. The sum rules in TRGS 510 take this differentiation into account by establishing separate or combined thresholds and requirements for particular types of storage (e.g., flammable, toxic, environmentally hazardous substances). If various hazardous substance classes are stored together, the operator must especially consider incompatibilities, interactions, and additive risks as part of the hazard assessment and implement measures for safe storage (e.g., separation, special container systems). Documentation and evidence are particularly complex in such cases and require careful legal review of the relevant regulations.
