French forwarders: Vive la difference!
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Most hauliers carrying out international work will have dealt with forwarding agents, but how many readers have come across "Le Comm issionnaire de Transport"—French for forwardin agent?
The French forwarding agent is very different creature to his English cousin. A Comrnissionnaire is defined under French commercial law as "the one who ads in his own name on behalf of a principal". The French commercial code makes specific provision for the forwarding agent and defines his rights and duties.The rules are different from those in the UK: He has to be registered and has to prove himself of good repute and of sound financial standing (very much like an LGV operator); He is automatically personally liable if he acts in his own name; He is automatically liable for acts of defaults of his sub-contractors, even without proof of any fault on his part;
Klc' He is in effect a guarantor for the 'jollity of any sub-contractor, including a road haulier.
That means that if the carrier is held liable the Commissionnaire is also liable. This provision in French commercial law can be of great assistance to anyone doing business in France. Whether you are a haulier, a subcontracting worker or using transport services, it you are operating through a Comm issionnaire then you can be certain you have somebody of substance against whom you can bring a claim. Two notes of caution however: The French freight forwarder can limit his liability—but he must do so in writing and in a prominent position in the contractual document.
Secondly, because the Commissionnoire takes on such high responsibility his claim is a preferential claim under French law. As such it ranks above the claims of ordinary creditors in the event of the party liable to pay him going into