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The “Le Meur law” — also known as the “anti-Airbnb law” — has, among other things, simplified the rules of evidence regarding the use of the premises in question and increased civil fines. French lower courts have now had the opportunity to apply these new provisions. Law No. 2024-1039 of 19 November 2024 — known…
This judgment serves as a further illustration of the concept of an “extraordinary circumstance”: a passenger’s sudden illness. Since the 2009 Sturgeon ruling by the Court of Justice of the European Union (CJEU) — which extended the right to compensation (originally applicable to flight cancellations under Article 7 of European Regulation No. 261/2004) to air…
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” –…
The ECJ strictly regulates the possibility for airlines to offer travel vouchers to passengers whose flights have been cancelled, instead of cash refunds. Since the Covid pandemic, tourism professionals, and airlines in particular, have faced serious cash flow difficulties resulting from the massive cancellation of trips and flights. Indeed, the various lockdowns and travel restrictions…
The disruptive and unruly behavior of air passengers (also known as “PAXI”) has increased in recent years. This includes more or less serious facts that may range from refusal to comply with the instructions of the flight crew (including in these times of pandemic) to violence likely to affect the flight safety. This results first…
A tipped over cup of coffee should be considered as an accident in the meaning of the Montreal convention for the European court of justice. The European union is a party to the Montreal convention (since its signature by the European Community on 9 December 1999 and decision of the Council 2001/539/CE dated 5 April…
In this matter (CJUE, 26 juin 2019, aff. C-159/18, André Moens v. Ryanair Ltd), a flight operated by Ryanair was delayed by more than four hours. A passenger decided to sue the airline to obtain the compensation pursuant to article 5 of the EC Regulation No 261/2004. However, the airline denied liability and invoked an extraordinary…
Introduction In construing the EU Regulation No 261/2004, the European Court of Justice has adopted for several years a position favorable to passengers. Such a case law is particularly questionable notably in respect of safety issues given the pro-consumer approach followed by the court. Indeed, none of the court’s decisions considered safety issues, despite its particular weight…
Professionals in the travel sector should now be ready to comply with the directive (UE) n°2015/2302 on package travel and linked travel arrangements (hereinafter « PTD »). In France, the PTD was transposed in three diffferent texts, as follows : Ordonnance n°2017-1717 du 20 décembre 2017. Décret n°2017-1871 du 29 décembre 2017. These two texts are directly transposing…
The new Package Travel Directive (The Directive (EU) n°2015/2302 of 25 November 2015 on package and linked travel arrangements) was clearly adopted to modernise the provisions set out in the previous directive (EC Directive n° 90/314 of 13 June 1990 on package travel, package holidays and package tours). Its purpose was to strengthen the rights of…
