Carriers are regularly confronted with unpaid invoices, while consignors may, in certain cases, be held liable for payment of the freight charges of a carrier with whom they have not entered into a contract.

In France, the so-called  ‘loi Gayssot’, set out in Article L132-8 of the French Commercial Code, allows the carrier to bring such a direct claim against the consignor or the consignee, even though it has not concluded a direct contract with them. The main purpose of this legislation is to ensure that the party actually performing the transport is duly remunerated for its services.

In practice, this instrument has a significant impact on the liability relationships between the various actors in the transport chain, particularly where intermediaries such as commission agents or freight forwarders are involved. Indeed, through the application of this legislation, payment of the freight invoice may still be successfully obtained even in the event of the actual customer’s insolvency, for example where that customer is a commission agent.

In this context, the consignor and the consignee are regarded by law as guarantors of payment of the transport price. This means that, where applicable, they may be required to pay, even if they have already paid an intermediary who subsequently defaults, whether or not as a result of insolvency. This provision is mandatory law and therefore cannot be derogated from. An important point to note is that only the actual carrier may rely on this provision. Intermediaries or carriers who have subcontracted the transport themselves cannot invoke this direct claim.

Since the Loi Gayssot forms part of French national law, this carrier-friendly provision will of course only apply where French law is applicable. This will be the case in the following situations:

- The parties have expressly chosen French law, for example in a contract or applicable general terms and conditions;

- The goods are transported by a French carrier and the place of delivery is located in France;

- The goods are transported by a French carrier and the consignor’s principal place of business or operational establishment is located in France;

- The goods are delivered in France, while both the principal place of business of the actual carrier and the place where the goods were taken over are located in different countries, for example transport from the Netherlands to France by a Belgian carrier.

In these cases, the actual carrier may therefore bring a direct claim against the consignor or the consignee. It should also be noted in this respect that Spanish law provides for a similar guarantee in favour of the carrier.

Should you have any questions in this regard, please do not hesitate to contact u

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