[Guozun Maritime and Shipping Lawyers] What Should You Do If You Encounter a Cargo Claim Dispute During Sea Transport in France? French Maritime Law

1. What international conventions and domestic laws apply to maritime cargo claims?

The International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading of August 25, 1924, as amended by the Protocols of February 23, 1968 and December 21, 1979, applies to bills of lading involving the carriage of goods between ports in two different countries. Domestic carriage is governed by Articles L5121-1 et seq., L5422-1 et seq., L5423-1 et seq., R5422-6 et seq., R5423-1 et seq., and D5422-1 et seq. of the Transport Code, as well as Articles 3, 12, 32, and 44 of Decree No. 66-1078 of December 31, 1966.

1. What core principles apply to cargo claims brought against the carrier?

A regime of strict liability applies. If reservations are made at the time of delivery, or in the case of non-apparent damage within three days after delivery, the carrier will be liable unless it can prove that the damage was caused by one or more exempting circumstances provided for in the Convention or under the applicable French law. Liability is subject to limitation, except where the damage was caused by the carrier’s intentional misconduct. Proceedings must be brought within one year from the date of delivery of the goods, or, in the case of total loss, from the date on which the goods should have been delivered. Any recourse action must be brought within three months from the date on which the main action was commenced or from the date of settlement.

1. Under what circumstances may the carrier bring a claim against the shipper for misdeclaration of cargo?

If the description of the goods in the bill of lading is inaccurate, the shipper must indemnify the carrier for any damage or liability caused to the carrier as a result.

1. How does the limitation period apply to maritime cargo claims in France?

In the case of damage to the goods or partial loss, proceedings must be brought within one year from the date of delivery of the goods; in the case of total loss, they must be brought within one year from the date on which the goods should have been delivered.

This limitation period may be extended by agreement between the parties after the cause of action has arisen. The limitation period is interrupted by the debtor’s acknowledgment of the claimant’s rights, by service of process, or by enforcement through a bailiff; it is suspended if the claimant is prevented from acting by law, agreement, or force majeure.

Any recourse action must be brought within three months from the date on which the main action was commenced or from the date of settlement.

Disclaimer

Laws and procedures may change. This article provides general information only and does not constitute legal advice. If you encounter a maritime or shipping dispute overseas, please contact us immediately to consult a professional foreign-related lawyer.