A commissionnaire de transport has particularly effective protection against non-payment: under certain conditions, it can retain goods in its possession to secure claims arising from earlier transactions.
A particularly broad preferential right
Article L. 132-2 of the French Commercial Code grants it a preferential right over the value of goods subject to its obligations and the related documents, securing all commission claims against its customer, including claims from earlier transactions.
The freight forwarder is therefore not necessarily limited to the invoice relating to the goods currently in its possession.
The French Court of Cassation made this particularly clear on 9 September 2026.
In that case, the freight forwarder had retained goods whose carriage had already been paid for to secure payment of earlier invoices.
The Court held that the preferential right under Article L. 132-2 automatically grants a right of retention over goods lawfully received under the forwarding contract, securing all claims against the customer, including those arising from earlier transactions.
The fact that the retained goods had not been delivered could not therefore be relied upon to defeat that protection.
The operator must actually be a commissionnaire de transport
This extensive protection nevertheless requires the intermediary actually to qualify as a commissionnaire de transport.
Article L. 132-1 of the French Commercial Code defines a commissionnaire as a party acting in its own name on behalf of a principal.
The classification therefore does not depend solely on the label used in commercial documents. It must be assessed by reference to the intermediary’s actual role in organising the operation.
That classification also affects the assessment of the liability of freight forwarders and their subcontractors.
This regime differs from the carrier’s right of retention.
Before considering the extent of the right of retention, does the operator actually qualify as a commissionnaire de transport?
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