Can an unpaid carrier refuse to deliver goods in its possession?<\/p>\n\n\n\n
French law provides a particular form of protection.<\/p>\n\n\n\n
Article 2286 of the French Civil Code<\/a> allows, in particular, a party whose unpaid claim arises from the contract requiring it to deliver a thing to retain that thing until payment.<\/p>\n\n\n\n In transport matters, Article L. 133-7 of the French Commercial Code<\/a> also grants the carrier a preferential right over the value of the goods carried and the related documents.<\/p>\n\n\n\n This preferential right covers, in particular, freight charges, certain ancillary services, immobilisation costs, expenses incurred in the goods\u2019 interests and certain customs duties and charges.<\/p>\n\n\n\n It may also secure claims arising from earlier carriage operations.<\/p>\n\n\n\n Not in every case.<\/p>\n\n\n\n Where the claim arises from an earlier operation, Article L. 133-7 requires the owner of the goods currently retained to have been involved in that operation.<\/p>\n\n\n\n The French Court of Cassation reiterated this on 27 June 2006<\/a> : the carrier cannot simply rely on earlier unpaid invoices without establishing that the owner of the goods retained was involved in the corresponding carriage operations.<\/p>\n\n\n\n Before retaining goods, the claim relied on, ownership of the goods and the operations in which each party participated must therefore be identified precisely.<\/p>\n\n\n\n This regime must be distinguished from the freight forwarder\u2019s right of retention<\/a>.<\/p>\n\n\n\n Does an unpaid invoice actually entitle the carrier to retain the goods currently in its possession?<\/strong><\/p>\n\n\n\nCan goods be retained for an earlier invoice?<\/h2>\n\n\n\n