Week of 14 to 20 September 2026
Legislative, regulatory and case-law review
Maritime security interests: ratification of the reform still pending
Ordinance No. 2026-265 of 8 April 2026, which on 1 May 2026 moved the regime of ship mortgages and maritime security interests from the Customs Code to the Transport Code, is still awaiting ratification by Parliament. The ratification bill, tabled in the Senate on 1 July 2026, had not yet been scheduled for debate by mid-September. In the meantime, practitioners in ship sales and ship finance must continue to refer to the new articles of the Transport Code.
What it means for businesses: check that security documents and bank guarantees being drafted refer to the correct articles of the Transport Code, and no longer to the repealed articles of the Customs Code.
Freight disputes: French courts confirm their firm stance
The Cour de cassation held on 9 September 2026 (appeal No. 24-22.624, published in the Bulletin) that a freight forwarder may lawfully retain goods as security for a freight claim that is due and unpaid. In the same vein, the Marseille economic activities court ordered seven shipping companies on 8 September 2026 (RG No. 2025F01642) to pay a shipping line more than USD 100,000 in unpaid freight, EUR 235,001.78 in storage and destruction costs, and EUR 164,160 in demurrage. Handed down at the turn of the period under review, these two decisions confirm the firmness of French courts towards unpaid freight and uncollected goods.
What it means for businesses: these rulings strengthen the hand of carriers and forwarders in amicable recovery negotiations, before any litigation.
IMO: the CCC sub-committee concludes its 12th session, Net-Zero Framework expected in October
The International Maritime Organization’s Sub-Committee on Carriage of Cargoes and Containers (CCC) held its 12th session at the organisation’s headquarters in London from 14 to 18 September 2026. Its work covered the safety of alternative fuels and new on-board technologies (fuel cells, methyl and ethyl alcohols), amendments to the IMSBC (solid bulk cargoes) and IMDG (dangerous goods) codes, and the development of a harmonised standard for lashing software. The broader question of carbon pricing for shipping (Net-Zero Framework) remains suspended pending a new vote expected in October 2026, after the one-year postponement decided in 2025; positions remain divided between a bloc led by the European Union, in favour of the text, and a coalition led by the United States, which opposes it.
What it means for businesses: shipowners and container operators should follow the IMSBC/IMDG amendments closely, since their entry into force will shape the declaration and stowage procedures for dangerous cargoes.
Ports, marine energy and fisheries: no notable change this week
No notable legislative, regulatory or case-law development was recorded this week in port law, marine energy or fisheries. The tenth offshore wind tender (AO10, specifications published on 12 June 2026, award expected in early 2027) and the ongoing renewal of port concessions remain the matters to watch in the coming weeks.
The firm advises on maritime and shipping law in every French port, in mainland France and overseas.
Previous edition: Weekly Digest: Maritime Law (7-13 September 2026)
Our practice: lawyer in maritime and shipping law
