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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…
Valérie Augros was honoured to participate to the annual conference of PEOPIL, that took place in Amsterdam from 5 to 6 September 2019. She was invited to speak together with European colleagues on the issue of time limitations in personal injury cases. Her speech focused on French law, with cross borders disputes perspective. In her…
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…
Valérie Augros had the pleasure to speak at the Accidents Abroad Conference organised in London on 2nd November 2018 by APIL. This year, the conference mainly focused on cross-border disputes in personal injury cases and compared legal issues in the UK, France, Italy and Spain (choice of forum, choice of applicable law, quantum). The transposition…
Valérie Augros enjoyed to speak at the 11th Annual Conference on International Aviation Liability, Insurance and Finance organised by McGill and Peopil in Dublin. This conference took place on 19 and 20 October 2018 in the beautiful National Gallery. The program of the conference illustrates the high-level issues and debates. Find out about the conference…
Valérie Augros attended the International Conference organised on 8 and 9 October 2018 in Estoril (Portugal) by ESHTE and INATEL. There was again a solid program this year. The conference speeches related to the new Package Travel Directive as well as to competition law in tourism, with stimulating developments made by lawyers, practitionners and acamedics from all over the…
Laurence Jegouzo with Master 2 in Tourism law organised a conference on package travel and linked travel arrangements, that took place at the Paris Sorbonne University on 5 July 2018. Travel sector professionals, professors and lawyers discussed all day long about the new provisions introduced by the directive. Valérie Augros who participated to this conference specifically developped…
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…
Social networks are nowadays widely used including to share one’s comments on labour experience. However, the company that employs a chatty employee may not appreciate when comments on social networks are denigrating or offending against the employer. A distinction is made under French case law based on the private nature of such chats. In a…
