When goods arrive damaged, one of the first steps is to identify the applicable carriage regime: the rules on reservations differ between domestic carriage and carriage governed by the CMR.
Domestic carriage and CMR: different rules
Under French law, Article L. 133-3 of the French Commercial Code provides that, in cases of damage or partial loss, acceptance of the goods extinguishes the claim against the carrier unless the consignee sends a reasoned complaint in the prescribed form within three days of receipt, excluding public holidays.
An application for a survey made within the same period under Article L. 133-4 also serves as a complaint.
For international road carriage, Article 30 of the CMR Convention establishes a different regime. Apparent loss or damage must be the subject of reservations no later than delivery. For non-apparent loss or damage, written reservations must be sent within seven days of delivery, excluding Sundays and public holidays.
Describing the damage precisely
The distinction matters: under the CMR, a failure to make reservations about loss or damage does not, by itself, extinguish the claim. It creates a presumption that the goods were received in the condition described in the consignment note, but that presumption can be rebutted, as the French Court of Cassation confirmed on 22 March 2016.
In all cases, general wording such as “subject to unpacking” has little evidential value. Reservations should describe the damage as precisely as possible: packaging condition, missing or damaged packages, temperature, seals, photographs and delivery circumstances.
A reservation does not, by itself, establish carrier liability. Its absence or lack of precision can nevertheless make proving the damage considerably more difficult.
Before liability is discussed, were reservations made within the correct period, in the required form and under the applicable carriage regime?
If your matter concerns the reservations to make following a disputed delivery, contact the firm, which will get back to you to discuss your situation.