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.<\/p>\n\n\n\n
Article L. 132-2 of the French Commercial Code<\/a> 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.<\/p>\n\n\n\n The freight forwarder is therefore not necessarily limited to the invoice relating to the goods currently in its possession.<\/p>\n\n\n\n The French Court of Cassation made this particularly clear on 9 September 2026<\/a>.<\/p>\n\n\n\n In that case, the freight forwarder had retained goods whose carriage had already been paid for to secure payment of earlier invoices.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n The fact that the retained goods had not been delivered could not therefore be relied upon to defeat that protection.<\/p>\n\n\n\n This extensive protection nevertheless requires the intermediary actually to qualify as a commissionnaire de transport.<\/p>\n\n\n\n Article L. 132-1 of the French Commercial Code<\/a> defines a commissionnaire as a party acting in its own name on behalf of a principal.<\/p>\n\n\n\n The classification therefore does not depend solely on the label used in commercial documents. It must be assessed by reference to the intermediary\u2019s actual role in organising the operation.<\/p>\n\n\n\n That classification also affects the assessment of the liability of freight forwarders and their subcontractors<\/a>.<\/p>\n\n\n\n This regime differs from the carrier\u2019s right of retention<\/a>.<\/p>\n\n\n\n Before considering the extent of the right of retention, does the operator actually qualify as a commissionnaire de transport?<\/strong><\/p>\n\n\n\nThe operator must actually be a commissionnaire de transport<\/h2>\n\n\n\n