Accident during a cruise: The ECJ clarifies the applicable legal regime
Cruises are enjoying undeniable success. Recent years have seen a marked surge in this type of holiday, which has become accessible to the general public.
Cruise offers are now diversified : travelers can choose from a wide range of leisure activities aboard gigantic vessels – sometimes dubbed “monsters of the sea” or “floating hotels” – or, opt for a more intimate experience on smaller ships designed for encounters with wildlife and wonderful landscapes.
Despite a standstill in 2020 and 2021 due to the COVID-19 pandemic, the popularity of this form of travel resumed its rapid growth after 2022. According to the 2026 CLIA report, over 37.5 million passengers took a cruise last year.
While this growth raises questions – including within UN Tourism – regarding potential overtourism and the long-term sustainability of such a travel model (despite the undeniable economic benefits for ports of call), another crucial issue remained unresolved at the European level: the liability regime applicable when a cruise passenger is involved in an accident during a voyage. Indeed, claims for compensation have increased following numerous individual accidents on board and recent shipwrecks. The ECJ has just issued a significant ruling clarifying the liability regime applicable when a cruise passenger suffers an accident resulting in death or personal injury (CJEU, June 4, 2026, Case C-629/24). The Court held that the compensation conditions and limits set out in the Athens Convention apply when the accident occurs during maritime transport. Hence, it rejects the pro-consumer approach previously adopted by the French Court of Cassation (Civ. 1, December 9, 2015, No. 14-20.533), which had held the cruise organizer strictly liable in such cases under Article L.211-16 of the Tourism Code.
To learn more about the CJEU’s analysis, please read our article “Cruise Accidents: CJEU Clarifies Liability Regime” published in today’s Journal Spécial des Sociétés.
Valérie Augros