The Gayssot Law Explained by LEGALCITY to Road Transporters 

Principle of the Gayssot law

Lhe law n° 98-69 of February 6, 1998 to improve the conditions of practice of the road transport profession known as the "Gayssot law"protects professional subcontractors in the road transport and logistics sector against non-payment.

Article L.132-8 of the Commercial Code :

"The consignment note forms a contract between the sender, the haulier and the consignee or between the sender, the recipient, the forwarder and the valet. The haulier has a direct claim for payment of his services against the the consignor and the consigneewho are liable for payment of the transport price. Any clause to the contrary shall be deemed unwritten.

Direct action for recovery by the carrier may be brought only against the shipper or consignee.

The time limit for collecting a transportation claim is one year à from the date of delivery and not from the date of invoice. After this period, the action will be barred.

Jurisprudence of the Gayssot law

The jurisprudence has clarified article L.132-8 in the course of its variouses applications.

The carrier may, on the basis of article L. 132-8 of the Commercial Code, act in payment of the transport price against the consignee of the goods, who is the guarantor of payment in the same way as the consignor, without having to justify of non-payment by his principal or, if applicable, to declare his claim, to declare his claim to the liabilities of the latter's collective proceedings. (Ruling CCAS of 4/07/2018)

Thus, the carrier can resort to the Gayssot Act without first proving that his principal has not paid him. It is therefore up to the sender or the recipient to prove that the principal has made the payment of the service.

The carrier who is not paid for his transport services can ask for the application of these provisions of the article L 132-8 of the Commercial Code by seizing even the Judge of the summary proceedings. (TC NANTERRE ORD.REF. 29.01.2009 N° 2008R01864)

Thus, when the debt is in danger, we can directly seize the judge of the summary proceedings.

"The fact that the carrier was aware of its principal's cash flow difficulties does not prevent it from taking the direct action provided for in article L. 132-8 of the French Commercial Code" (Cass. com., 7 April 2009, No. 08-12.919).

Thus, the sender or the consignee cannot avoid their obligations by claiming that the carrier was aware that its principal was in financial difficulties.They will not be able to claim damages from the carrier if the latter sued.

"The payment of the transport price claimed by the carrier from the consignee on the basis of article L. 132-8 of the Commercial Code, which is only the execution of a legal obligation of guarantee, cannot constitute a compensable prejudice.

In practice, this possibility of direct action for payment results in the sender or receiver paying twice for the transport service. They will be able to exercise a recourse against the freight forwarder to recover the sums paid to him.

" The payment of the price of the transport claimed by the carrier from the consignee on the basis of article L. 132-8 of the Commercial Code, which is only the execution of a legal obligation of guarantee, cannot constitute a compensable loss". (Cass. com., 17 Dec. 2003, n° 02-12.891)

Finally it is important to know that the article L 132-8 of the Commercial Code does not distinguish whether the consignee of the goods is the real consignee, an intermediary or a forwarding agent, but only the person to whom the goods were physically delivered (CA ORLÉANS 11 May 2006 No 2006 / 30859) (CA PARIS Ch. 5-28 September 2006 No 2006 / 316512 and 16 November 2005 No 05 / 287754)

Attention :

The carrier who performs the shipment as a subcontractor has a direct action for Payment of his services against the shipper "unless the latter has forbidden his co-contractor any subcontracting".

International transport

To benefit from the direct action for payment, French law must apply. The advantages given to carriers by the "GAYSSOT law" have no equivalent in the Geneva Convention of May 19, 1956, on the Contract for the International Carriage of Goods by Road, known as the "CMR", which governs most international road transport.

Consequently, the carrier who wants to recover his debt will have to sue the shipper or the consignee to find elements of connection to the French jurisdictions (place of the carrier's registered office, place of loading and/or delivery...)

Gayssot Law Procedure

• Search for a hearing date at the competent court and service of the summons on the debtor by a LEGALCITY partner bailiff

• Connection with a partner lawyer LEGALCITY has a very advantageous rate for the representation before the Judge of summary proceedings
• Service of the Judgment and execution of the file with a Bailiff partner of LEGALCITY with the assurance of a LEGALCITY file management

The LEGALCITY SAS lawyers are well versed in this type of exercise and case.

They will accompany you in your steps.

A specific procedure will soon be available on the Legalcity website.

In the meantime contact them by chat, mail : contact@legalcity.fr, (https://legalcity.fr/contact-recouvrement/) or by phone at 01 75 85 85 16 to obtain a support offer adapted to your situation