The survey of the damaged cargo took eleven months. The carrier “took note” of the claim and hinted at a settlement. Three weeks before the deadline, the receiver wonders whether the amicable discussions have suspended the time limit.
One year, running while the parties talk
Claims against the carrier are time-barred after one year (Article L. 5422-18 of the French Transport Code). Time runs in principle from the day of delivery, or from the day on which the goods should have been delivered. Neither a claim letter, nor an amicable survey, nor negotiations stop it. Only an acknowledgement of liability by the carrier would interrupt the time limit (Article 2240 of the Civil Code); a letter “taking note” of the claim is not one. This is the most common trap in maritime litigation.
Extending in writing
The time limit may be extended by agreement between the parties concluded after the event giving rise to the claim (Article L. 5422-18). The practice is common: the carrier or its P&I club grants an extension of three or six months. The text does not require writing, but proof does: the extension must be in writing, clear as to its duration, and granted by the right person. An extension granted by the local agent without authority, or by the club in respect of another vessel in the fleet, is open to challenge. It must be requested early, and the writ prepared if it is slow in coming.
Interrupting by legal proceedings
A claim brought before a court, even in summary proceedings, interrupts the limitation period; the same applies where it is brought before a court lacking jurisdiction (Civil Code, Article 2241). The writ must name the right defendant and, if an arbitration clause applies, the request for arbitration must be notified in the form required by the rules. An application for a court-appointed survey in summary proceedings, directed against the carrier, interrupts the time limit as against it and, if the judge orders the measure, the limitation period is suspended until it has been carried out, time then starting to run again for at least six months (Civil Code, Article 2239).
Cascading recourse actions
A carrier that is sued may seek recourse against the stevedoring company, the sub-carrier or the shipper. The recourse action may be brought even after the one-year period has expired, within three months of the claim brought against the carrier or of the amicable settlement (Article L. 5422-18; Hague-Visby Rules, Article III(6 bis)). Against a freight forwarder acting as principal (commissionnaire de transport), recourse is governed by the Commercial Code: one month from the claim brought against the party seeking indemnity (Article L. 133-6 of the Commercial Code).
What the firm checks first
- The actual or scheduled date of delivery.
- Any extensions obtained: who granted them, in what form, for how long.
- The exact defendant: contractual carrier, actual carrier, commissionnaire.
- The jurisdiction or arbitration clause.
- The timetable for recourse actions.
For the firm’s services, see Liability of the sea carrier and Maritime litigation.
Further reading
- Freight forwarder, forwarding agent, NVOCC: whom to sue after cargo damage?
- Container demurrage: challenging the shipping line’s invoice
- Container damaged or lost: who is liable and within what time limit?
Before a Chinese court, the rule has been the opposite since 1 May 2026: a mere request for performance interrupts the time bar. See Trade with China: your governing-law clause no longer holds before a Chinese court.
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Does a written claim to the carrier interrupt the one-year time limit?
No. The time limit is protected by an extension agreed after the event (Transport Code, Article L. 5422-18), an acknowledgement of liability by the carrier (Civil Code, Article 2240) or legal proceedings (Civil Code, Article 2241).
Does an application for a court-appointed survey interrupt the limitation period?
Yes, a claim brought before a court, even in summary proceedings, interrupts the limitation period (Civil Code, Article 2241).
Can a carrier held liable seek recourse after the one-year period?
Yes, within three months of the claim brought against it or of the amicable settlement (Transport Code, Article L. 5422-18).