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...

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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...

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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...

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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...

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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:...

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