Airport Liability towards passengers and airlines French overview
Airport Liability towards passengers and airlines - French overview 11 th annual Mc. Gill University / PEOPIL conference on International Aviation & Liability Dublin 19 -20 October 2018
Passengers injury while in the airport area: Examples • Slipping and falling • Accident on board of shuttle bus • Falling of boarding stairs or jetways Boarding bridge collapsed at Islamabad International Airport TREY Research 2
The liability of the airport operator for passenger injury v No specific liability principles for airport operators Þ Application of general rules on liability v Airport considered as public utilities Þ Irrelevance of the legal nature of the airport operator Þ Application of public liability principles - Presumed fault = reversed burden of proof on the Defendant that there was no lack of maintenance of public utilities (CAA Versailles, 5 Feb. 2015, No 14 VE 01553) - Proof of the damage by the Claimant - Proof of causal link by the Claimant TREY Research 3
The liability of the airport operator for passenger injury v Since 1 st Jan. 2017, preliminary claim for compensation to be made to the Defendant (airport operator) Þ no preliminary claim = inadmissibility of the application Þ Art. 421 -1 CJA v If the Defendant does not respond to or rejects the preliminary claim, proceedings to be initiated before the administrative court within 2 months TREY Research 4
The liability of the airport operator for damage to aircraft v No special provisions on liability v A damage to aircraft resulting from • Collision on the ground with airport vehicles • Wildlife strike • Wrongful surface operation • Lack of maintenance • Runway debris • Snow/ice on runways • Fire… TREY Research 5
The liability of the airport operator for damage to aircraft v Defence and exoneration / limitation of liability (except when the law of 1985 applies) • Appropriate maintenance of public utilities (CE, 9 July 2014, No 371853) • Contributory negligence of the victim • Force majeure TREY Research 6
Some recent legal issues in case of q Bird strike Proof of a fault : lack of appropriate measures (CE, 2è & 7è ch. , 7 March 2018, No 403455) q Collision on the ground with airport vehicles Specific application of road traffic accident provisions (Law of 5 July 1985 « loi Badinter » ) by courts (CA Limoges, 22 Feb. 2018, No 16/01025) A Kuwait Airways Airbus A 320 damaged after being hit by a push-back tractor at Kuwait International Airport in June 2017 TREY Research 7
Perspective Are airports facing new challenges and liability vis-à-vis passengers and airlines? Increase of safety and security issues: • Cyberattacks • Airspace and ground incursions: drones, etc. TREY Research 8
Thank you for your attention TREY Research 9
- Slides: 9