Analysis
Road traffic accident in Europe: exclusion of a claim before the CIVI
Damages likely to be compensated by the Fonds de garantie des assurances obligatoires de dommages (FGAO), pursuant to articles L. 421-1 and L. 424-1 to L. 424-7 of the Insurance Code, are excluded from the jurisdiction of the Commission d'indemnisation des victimes d'infractions (CIVI) as it...
The organizer of a sports event has an obligation of safety of means or of result towards the athlete who participates in the organized activity
The organizer of a sport activity is, in principle, bound by an obligation of safety of means (they should implement all means to insure safety) towards the athlete who participates in his activity, but can also be bound by an obligation of safety of result (the objective of safety must be...
Full appreciation by the administrative courts of the loss caused by a combination of fauts committed by a public body and a private person
What happens when faults committed by public and private persons have combined to cause the victim's loss? Are the faults of public persons assessed individually by the administrative judge and those committed by private persons by the judicial judge? The Conseil d'Etat was seized of a contentious...
The notion of “involvement” within the meaning of Badinter Law on road traffic accidents
The law n°85-677 of 5 July 1985 "tending to improve the situation of victims of road traffic accidents and to accelerate compensation procedures" (also known as the "Badinter law") set up a compensation regime exclusive of any other liability regime, and particularly favorable to victims who do...
Indemnification of victims of an air disaster when the carrier did not hold an operating licence
The law of October 8, 2021 amended Article L. 6421-4 of the French Transportation Code on the liability of the air carrier in the context of a domestic and free flight. It now states that the liability of a carrier not holding an operating license is governed by the Montreal Convention. Article L....
Compensation of bodily injury as a result of a road traffic accident in France – double legal interest rate due by the insurer – Judgment of the Court of Cassation of October 6, 2022
The double legal interest rate applicable to an insurer who failed to make an offer of compensation to the victim of a road traffic accident is distinct to the order to pay compensation to the victim of a road traffic accident. Only the insurer who did not make a compliant offer to the victim is...
Decree No. 2022-1284 of October 3, 2022 on whistleblowers was published on October 4, 2022
This text is derived from article 8 of the so-called Sapin II Act 2016-1691 of December 9, 2016, as amended by Act 2022-401 of March 21, 2022. It is aimed at improving the protection of whistleblowers. It requires entities with 50 employees or more to set up an internal procedure for collecting...
Representative actions to protect the interests of consumers or european group actions
Several group actions have recently been brought separately by consumers and consumer associations across different EU Member States for similar wrongful acts caused by the same professionals (of the Dieselgate type). This scattering of legal proceedings on the basis of similar facts, made clear...
Air transport accident and referral to the CIVI
In its judgement dated 10 February 2022 (No. 20-20.814), the Second Civil Chamber of the French Cour de Cassation (Supreme Court) ruled on the link between an action brought by an air accident victim against an air carrier and the referral made by the same victim to the Commission d'indemnisation...
BEA warns against wake turbulence
The French Bureau d'Enquêtes et d'Analyses pour la Sécurité de l'Aviation Civile ("BEA") has highlighted, in its 2021 activity report, the existence of a phenomenon that is little known within the aviation community: wake turbulence. Wake turbulence is aerodynamic turbulence that forms behind an...
