Civil Responsibility of carriers : Increased protection of passengers

As a French Law Firm experienced in Air Law and International Law, we have been the favorite partner of passengers for several years now.

The protection of passengers for air travel is increasingly taken into account by States. Several texts adopted internationally or within the European Union demonstrated.

The law of air transport is international. It is necessary to regulate this activity that the States seeking consensus both at European and international level.

 The organization of the International Civil Aviation was therefore created 7 December 1944 by the Chicago Convention signed by 52 states who wanted the economic development of international air transport.

 Considering the responsibility of air carriers, it has been taken into account from 1929 with the signing of the Warsaw Convention by 151 nations October 12, 1929. It establishes the rules applicable to civil liability of air carriers in respect of certain specific damages.

The Montreal Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed by 62 States May 28, 1999 has clarified the rules of liability that could occur as confusing and sometimes inadequate.

The Montreal Convention might replace the Warsaw Convention, but the states that have not yet signed the Montreal Convention remain subject to the Warsaw Convention. These will then coexist.

The list of signatories to the Montreal Convention is available on the website of the Organization of International Civil Aviation: A list of signatories.

In any event, the states of the European Union are subjected to the Montreal Convention, it entered into force June 28, 2004.

The Warsaw Convention does not in fact intended to apply to all airlines with an operating license issued by a Member State of the Union.

The EU had already introduced some innovations to the Montreal Convention by virtue of Regulation No 2027/97 of 9 October 1997 on air carrier liability in the event of an accident ..

EC Regulation No. 889/2002 amended the 1997 regulation to adapt European legislation to the Montreal Convention, was signed May 13, 2002 and entered into force within the Community June 28, 2004 (date force of the Montreal Convention in the Community).

The regulation is applicable immediately in the internal orders of the Member States of the European Union.

 A final European regulation dated 26 January 2004 entered into force 17 February 2005; it strengthens the protection of passengers about delays, denied boarding, cancellations and complaints.


The European Commission grants to States for six months they are implementing the regulation on passenger rights.

 In this context the European Commission published a report April 4, 2007 on the implementation of this Regulation. She notes that progress has been made but further steps must be taken.

The Commission has provided a new information system for passengers by the summer will be present at all airports in poster format and in all languages.

These posters will help to inform passengers of their rights including their right to make complaints.

If the final result is not up to the European Commission, it shall be incurred in respect of States of enforcement procedures.

The liability of air carriers applicable in the European Union is divided as follows:

In case of injury or death:

- Strict liability (that is to say without having to prove fault of the airline) to right the airline up to about 117 000 €, except where negligence is reported. The carrier's liability is automatically liable for damages to the tune of about € 117 000, below that amount the carrier cannot contest claims for compensation except to prove negligence. However beyond this amount may defend itself by furnishing proof that he committed no fault or negligence.

- Consequence: if the carrier fails to demonstrate that he has committed no fault or negligence, it must compensate for the damage suffered. The fault of the carrier is presumed, but it can provide evidence otherwise.

In case of delayed passengers or luggage:

In principle there is no compensation for the delays but an exception is made when the delay has caused a direct injury to the passenger: hotel room paid workday lost ..

It is thus expected that the airline is liable for damage unless it relates evidence that he took all necessary measures to avoid or that it was impossible to take such measures. Liability is limited financially.

In case of loss, damage or destruction of luggage:

The air carrier is liable even if no fault is attributable to him when the baggage is checked, but its liability is limited according to the weight of baggage.

However passengers can enjoy a higher limit of liability ceiling of principle when they will make a particular declaration and paying an additional fee.

In the event of denied boarding:

The air carrier's liability may be incurred when denial of access is done against the will of the passenger. The compensation is fixed according to the miles of travel.

It's the same system for cancellations, unless the passenger was informed 15 days before or when they are due to extraordinary circumstances.

Concerning persons with disabilities:

The airlines cannot refuse the booking of these people except for reasons of security must be motivated.

States should determine their own internal sanctions applicable in case of non-compliance, they must be effective, proportionate and dissuasive. France has not yet taken action.

This prohibition is taken from Article 3 of Regulation (EC) No 1107/2006 of the European Parliament and the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when traveling by air. It shall apply from 26 July 2007.

The posters made by the European Commission will also affect these people to inform them on new legislation and their rights. The assistance of disabled or handicapped shall be provided, staff must be trained. Any claim relating to flights departing from or arriving in France must be brought before the Directorate General of Civil Aviation.

Thus the liability of air carriers has increased over the years it has even become, in some cases, automatic (injury below € 117 000). To avoid any questioning of this responsibility, they need to protect themselves.

Knowing the various obligations placed upon the carriers can be complex, especially as some are new, the intervention of a French lawyer experienced in this area appears sensible.

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