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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…
Valérie Augros was speaking at the ESHTE/INATEL International Conference in Portugal on 9 & 10 October 2017. This year, lawyers and academics from Europe but also from other regions in the world debated about sustainable tourism law but also on the new package travel directive. Valérie’s presentation was entitled: “The implementation of the new PTD…
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…
Take a look at our latest newsletter ! You will find latest case law from the French Cour de Cassation on air passenger: Is an employee assimilated to a passenger when on board? Also in the sharing economy, latest obligations to pay social charges for leasers of short term accommodations and of movabes (such as…
Take a look at our latest newsletter now issued every two months in French and in English! You will find latest case law from the French Cour de Cassation applying the EC Regulation No 261/2004 on passengers rights as well as brief update of recent legislation in France on access to restricted zones of airports…
It often happens that an insurer asks a private detective to carry out investigations relating to an insured or a beneficiary who claims compensation for personal injuries. French law provides strict conditions to carry out such investigations as they can affect the right to privacy of the person under investigation. These conditions were confirmed in…
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…
