Week of 7 to 13 September 2026
Legislative, regulatory and case-law review
I. The freight forwarder’s right of retention secures earlier claims
In a judgment of 9 September 2026, published in the Bulletin, the commercial chamber of the Cour de cassation dismissed the appeal of a shipper challenging the retention exercised by its freight forwarder. The forwarder, responsible for organising transport and customs clearance, had issued unpaid invoices for five import operations, totalling EUR 23,744.06, and then gave notice on 9 November 2017 that it was exercising its right of retention over other goods in its possession, the carriage of which had already been paid for.
The Court holds that, under Article L. 132-2 of the Commercial Code, the freight forwarder automatically enjoys a lien giving it a right of retention over goods that have lawfully come into its possession in performance of the forwarding contract, as security for all its claims against the principal, even those arising from earlier operations. It concludes that the defence of non-performance based on the failure to deliver the retained goods cannot validly be raised against it.
The judgment notes that the secured claim was earlier, due at the date of notification and undisputed in principle. These three elements define the scope of legitimate retention and show where the shipper has room for argument. The decision was given on an appeal against a judgment of the Rouen Court of Appeal of 14 November 2024.
II. Customs implications for transport and clearance operations
Two changes in EU customs rules directly affect operations entrusted to forwarders. Implementing Regulation (EU) 2026/1963 of 28 August 2026 makes it mandatory, from 1 October 2026, to declare the melt-and-pour country of steel using TARIC document codes, failure to declare it with verifiable evidence leading to the import being rejected.
In addition, Implementing Regulations (EU) 2026/2022 and 2026/2023 of 10 September 2026 make imports of steel welded mesh originating in China and Turkey and of steel shelving originating in China subject to registration, with a view to possible collection of anti-dumping duties on the registered imports. Instructions given to customs representatives must take this into account.
III. Other points to watch
The week brought no new text from the International Maritime Organization and no published decision of the Conseil d’État on port matters, the administrative courts not having resumed publishing current decisions. The deadlines to watch are the application of Regulation 2026/1963 on 1 October 2026 and the end of the customs registration period, nine months after 12 September 2026.
The firm advises on maritime and shipping law in every French port, in mainland France and overseas.
Previous edition: Weekly Digest: Maritime Law (31 August-6 September 2026)
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