Domestic road carriage: one year to sue, one month for recourse
Transport disputes are subject to particularly short limitation periods.
Article L. 133-6 of the French Commercial Code provides that claims for damage, loss or delay arising from the carriage contract are time-barred after one year. This period also applies to many other contractual claims against the carrier, freight forwarder, consignor or consignee.
The starting point varies. For total loss, time runs from the date on which the goods should have been delivered. In other cases, it runs from delivery or the offer of delivery to the consignee.
The provision sets a particularly short period for recourse claims: only one month from the date proceedings are brought against the party that, in turn, seeks an indemnity from another party.
This requires an immediate response where several carriers or intermediaries may be involved.
Limitation can, of course, be interrupted. Article 2241 of the French Civil Code provides in particular that commencing legal proceedings, including interim proceedings, interrupts the period.
However, note that Article 2243 of the French Civil Code provides that this interruption is deemed not to have occurred where the claim is definitively dismissed. The French Court of Cassation applied this rule in a judgment of 24 March 2021.
Settlement discussions should therefore never distract attention from the limitation deadline or any recourse that must be preserved.
Where road carriage is international and falls within the CMR Convention, a different regime applies, particularly to the rules on suspension of limitation.
When the file is opened, is the primary limitation period still running and have all claims against the other parties been preserved?
If your matter concerns the time limits for claims or recourse in a road transport matter, contact the firm, which will get back to you to discuss your situation.