Analysis
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...
Liability of the notified body – the PIP / TÜV case
A notified body is an organisation designated by an EU Member State (or by other countries under specific agreements) to assess the conformity of certain products before they are placed on the market. These bodies are authorised to carry out tasks related to the conformity assessment procedures...
Standalone heads of claim for harms due to anxiety of imminent death and worry and expectation
In two judgements dated 25 March 2022, the Mixed Chamber of the French Cour de Cassation (Supreme Court) recognised the standalone nature of the heads of claim for harm due to anxiety of imminent death, and that of worry and expectation. The head of claim of ‘anxiety of imminent death’...
An airplaine tour in France is an air transport under French law
In a decision of 8 April 2021, the First Civil Chamber of the Court of Cassation recalled that an aerial promenade on French territory and free of charge is an air transport (Civ. 1, 8 April 2021, n°19-21.842). Article L. 6400-1 of the French Transport Code states that air transport consists of:...
Factsheet – What to do if you have been a victim of an aircraft accident?
Here are the different steps to follow if you or one of your relatives has been the victim of an aircraft accident: Contact your accident/death insurance as soon as possible: the indemnification of the damage caused to your loved one or to yourself is likely to be at least partially covered...