Transport
The liability of the freight forwarder: scope and limits
By Yasmine EDDAM1 May 2025The freight forwarder's position in the logistics chain gives rise to a specific liability regime. This system conditions the rights and obligations of the parties. The freight forwarder's personal liability The freight forwarder incurs personal liability in various situations relating to his duties. Basis and principle of liability Articles L. 132-4 and L. 132-5 of the French Commercial Code establish the commissionaire's personal liability. He is "guarantor" of the arrival of the goods within the time limit set, and of any damage or loss. This liability is based on a presumption. The commission agent is bound by an obligation of result. He must ensure that the goods arrive in good condition and on time. Case law confirms this position, which is repeated in article 5.1 of the standard contract. The freight forwarder is presumed to be liable as soon as any damage is detected. The principal does not have to prove fault. The mere existence of damage is sufficient. This liability applies to damage caused...
The freight forwarder's contractual obligations
Commercial, business and competition law, TransportThe freight forwarding contract structures relations in the transport sector. It defines the rights and duties of each party. This agreement differs from the traditional transport contract and deserves special attention. The formation of the freight forwarding contract The freight forwarding contract has a number of...The legal status of the freight forwarder under French law
Commercial, business and competition law, TransportThe international transport of goods often involves many different players. Among them, the freight forwarder plays a special role in organising and securing operations. Its legal status, governed by French law, determines its rights and obligations vis-à-vis the other players in the logistics chain....Freight forwarder: status, contract and liability
Commercial, business and competition law, TransportThe freight forwarder organises and guarantees the transport of goods. Their involvement in the logistics chain is governed by precise rules. Their status, obligations and responsibilities structure commercial exchanges. The legal status of the freight forwarder The freight forwarder is defined as an intermediary who organises the transport...Road haulage: understanding the regulatory framework in France
Commercial, business and competition law, TransportRoad freight transport (RTT) is much more than just trucks on the road. It is a vital economic activity, at the heart of trade, but also an activity governed by a dense set of legal and administrative rules. Whether you're an entrepreneur looking to set up your own business,...The road haulage contract: legal framework and points to watch out for
Commercial, business and competition law, TransportContracts are the cornerstone of any business relationship, and the road haulage sector is no exception. Whether it's a one-off shipment or a regular collaboration, the agreement between the principal (shipper or freight forwarder) and the carrier defines the rights and obligations of both parties.Traffic and road transport operations: national, European and international rules
Commercial, business and competition law, TransportObtaining authorisation to operate as a road haulage operator, as we saw in our article on the conditions for entering the profession, is only the first step. Once your company has been set up and you have your licence, you need to understand and master the rules governing the movement of goods...Becoming a road haulage operator: conditions for entering the profession
Commercial, business and competition law, TransportRoad haulage is essential to the economy, but it is also a regulated profession. Entering this sector is not something you can improvise. The law imposes a strict framework to guarantee the safety, reliability and competence of operators. Before you can launch your business and make a name for yourself...