When loss or damage occurs during carriage, identifying the carrier that physically moved the goods is not always enough.<\/p>\n
The standard freight forwarding contract<\/a> defines the commissionnaire de transport as an operator that freely organises, in its own name and under its responsibility, the movement of goods using the methods and means of its choice.<\/p>\n That organisational freedom distinguishes it from a mere agent or forwarding agent instructed to perform specified tasks. The classification therefore depends on the actual operation, rather than the label used by the parties. The French Court of Cassation reiterated this on 10 May 2005<\/a>.<\/p>\n This classification entails a particular liability regime.<\/p>\n The freight forwarder may first be liable for its own faults: choosing an unsuitable carrier, failing to give instructions or information, or errors in organising the operation.<\/p>\n It is also generally liable for the parties to which it entrusts performance of the carriage. Article L. 132-6 of the French Commercial Code<\/a> thus makes it responsible for the acts of an intermediate freight forwarder to which it sends the goods. The standard contract governs its liability for subcontractors more broadly.<\/p>\n The distinction between personal fault and a subcontractor\u2019s acts is essential, particularly when determining the applicable limits on compensation.<\/p>\nAssessing liability and recourse<\/h2>\n