It is a common practice of forwarding companies to retain freight due to carriers due to damage to the goods in transit. It should be emphasized that in cases 90% this action is unjustified.

The freight forwarder is entitled to retain the freight due to the carrier only in two cases:

a/ when the owner of the goods (the aggrieved party) transfers claims for damage to the goods to the freight forwarder pursuant to art. 509 § 1 of the Civil Code  

or

b/ when the freight forwarder pays for the damage to the goods and thus enters into the rights of the satisfied creditor - art. 518 § 1. CC

Legal adviser Jerzy Klimkowski