Can the port handling contractor be exempted from covering expert appraisal costs on the pretext that the maritime carrier is not the owner of the damaged goods? This is the question settled by the Commercial Chamber of the Court of Cassation in a ruling dated January 14, 2026 (n° 24-13.726), reaffirming the strictness of the stevedore's liability regime.
The case falls within the classic framework of multimodal container transport of pharmaceutical products destined for the United States. A container suffered material damage during handling operations at the port of loading.
Faced with the loss, the rightful claimant to the goods and their cargo insurers engage the liability of the freight forwarder. The latter calls upon the maritime carrier to provide a guarantee, which, in turn, seeks recourse against the port stevedore for any resulting judgments.
Seized of the dispute, the court of appeal had rejected the maritime carrier's claim for a guarantee concerning the expert's fees, on the grounds that the latter had not personally suffered the damage relating to the goods.
The Court of Cassation quashes this decision under Article L. 5422-21 of the Transport Code. The High Court points out that the handling contractor is liable for all damages attributable to them during loading or unloading operations. Since the expert appraisal costs were essential to determine the causes and extent of the damage caused by the handling, the carrier, ordered to bear the cost vis-à-vis the freight forwarder, is fully entitled to pass on the entirety of it to the stevedore.
Key Takeaways
This decision secures the guarantee chain of maritime carriers by confirming that the stevedore cannot rely on the carrier's status as a third party to the goods to refuse their guarantee.
The expert appraisal costs necessary to establish the loss constitute fully compensable damage that the author of the generating event must fully bear. An essential reminder for securing recourse in maritime litigation.