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The Cour de Casation recently rules that the wrongfull arrest of an aircraft may give rise to compensation when this results in the prejudice (1). In this case, AAS, a company specialised in airlines assistance, had a debt of almost euros 30,000 against a German airline company. Despite numerous request to pay, AAS obtained from…
A new decision from the ECJ was recently rendered in respect of the duty to inform passengers in case of flight cancellation pursuant to the EC Regulation No 261/2004 (11 May 2017, C-302/16, Bas Jacob Adriaan Krijgsman v Surinaamse Luchtvaart Maatschappij NV). In this case, a passenger was informed of the cancellation of his flight less than two…
The ECJ recently ruled on the consequence of an unscheduled stopover for the application of the EC Regulation No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, in a case C-32/16,…
Services for cost-shared flights offered through Internet platforms tends to develop as did carpooling services. In France, the French civil aviation authority (DGAC) was concerned about this new type of service. The position of the DGAC A working group headed by the DGAC concluded on 16 January 2016 that cost-shared flights should be considered as…
The rule laid down by the European Union Court of Justice in the Sturgeon case which grants compensation to air passengers when they arrive late by three hours or more has been vigorously opposed. In 2009, in the significant Sturgeon case (CJUE 19 Nov. 2009 cases C-402/07 and C-432/07 Sturgeon and al. v Condor and…
The European Commission welcomes the agreement reached by the European Parliament and the Council in respect of the Fourth Railway Package. The purpose was to make transport by train in Europe “more innovative and competitive”. When the measures will be definitely adopted by the member States and the European Parliament, this Fourth Railway Package will…
With the Internet a new collaborative consumption model appeared. The sharing economy has widely developed in particular within the travel sector (with platforms such as AirBnB, Uber, BlaBlaCar, etc.). A report submitting 19 proposals in respect of the sharing economy has been rendered to the French Prime Minister. Developing the sharing economy under fair social,…
French rules on the security that travels agents are required to provide will now comply with the European Directive, as interpreted by the ECJ in its Order of 4 January 2014. Following the new decree of 2 September 2015, the security provided cannot be limited anymore. More about the new rules (in French): http://www.legavox.fr/blog/maitre-valerie-augros/nouvelle-garantie-financiere-18696.htm
According to a recent French case from the French Cour de Cassation, the air carrier, when tickets are directly sold by the carrier, does not have to inform his passengers on the legal formalities to enter and stay on the territory of destination. This differs significantly from the obligations set out in the tourism code and…
Une loi favorable au tourisme en France dans un contexte économique incertain? La loi Macron adoptée au cœur de l’été (loi n°2015-990 du 6 août 2015 pour la croissance, l’activité et l’égalité des chances économiques) se veut une grande réforme pour libéraliser l’activité économique en France. Elle touche de nombreux secteurs d’activité… mais c’est surtout…
