I INTRODUCTION

In France, civil aviation is regulated by the Civil Aviation Code and the Transport Code. The French administrative authority in charge of regulation of aviation is the Directorate General for Civil Aviation (DGAC). The DGAC is a national administration, under the Ministry of Sustainable and Ecological Transition, which includes all government departments responsible for regulating and supervising aviation safety, air transport and civil aviation in general.

The DGAC is in charge of guaranteeing security and safety of air transportation. The tasks of the DGAC cover every component of civil aviation such as sustainable development, security, safety, air control, economic regulation and education.

As France is a Member State of the European Union, civil aviation is also regulated by the European Regulations and the European Aviation Safety Agency (EASA).

i Access to the market

An airfield can be built either by the state or by any other entity that previously obtained an administrative authorisation. Any person exploiting a civil airfield supporting commercial flights must obtain a safety certificate under Article L.211-3 of the Civil Aviation Code. Airfield exploitation is subject to three different regimes: public company, concession and autonomous status.

Under Law 2015-992 dated 17 August 2015 relating to energy transition for a sustainable development, and its application decree dated 11 May 2016, the private or public person exploiting certain airfields shall implement a process to reduce the emission of greenhouse gas and polluting substances.

Most of the regulations on the operation of air services are harmonised at the European level, following the principle of free access to the market for airlines that have been granted an air operator certificate and an operating licence.

ii Regulation of slots

The EU adopted common rules for the allocation of landing and take-off slots to ensure access to the busiest EU airports in a neutral, transparent and non-discriminatory manner.2

An independent coordinator is in charge of allocating the slots. Air carriers have to use at least 80 per cent of the slots they receive to maintain the same number of slots for the following period.

iii Treaty-based commitments regarding transit and traffic rights

Regulation (CE) No. 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community, relevant bilateral conventions and the Civil Aviation Code regulate scheduled and non-scheduled air services to and from France.

As a result of European harmonisation, European air carriers are not required to have a prior authorisation to operate flights within the European Union. Any other scheduled or unscheduled flight to or from France still requires a prior authorisation.

iv Interest in aircraft equipment

The Transport Code regulates two types of security interest on aircraft: mortgage and liens. Non-possessory pledges on aircraft are also possible, but are regulated by the common law of securities.

France is a signatory of the Geneva Convention dated 19 June 1948 on the international recognition of the rights on aircraft, applicable only in cases of international disputes. This Convention has not been ratified by a large number of states.

France also signed the Cape Town Convention on International Interests in Mobile Equipment and the specific Protocol to the Convention regarding aircraft equipment on 16 November 2001, but they have not yet been ratified.

v Labour and employment issues

Employment in the aviation sector is regulated by the Labour Code and applicable collective agreements.

Some low-cost companies used to take advantage of the European posted workers Regulation, which allowed them to subject the employment contracts to foreign labour law. In 2005, however, France passed a law creating Article R.330-2-1 of the Civil Aviation Code, providing that when an activity is entirely directed towards France or conducted in France in a habitual, stable and continuing manner, the employer is not regulated by posted workers laws and the employment contracts are governed by French employment law.3

II LEGAL FRAMEWORK FOR LIABILITY

France is a signatory of the Warsaw Convention and the Montreal Convention. Additionally, European Regulations have been incorporated into French law.

i International carriage

In instances of international carriage, the Montreal Convention is applicable as it has been ratified by the European Union through Regulation No. 2001/539 on behalf of all the Member States. The Convention has been into force since 28 June 2004 in the EU and takes precedence over the Warsaw Convention according to its Article 55. Under Article 1 of the Montreal Convention, it applies to all international carriage of persons, baggage or cargo performed by aircraft for reward, as well as to gratuitous carriage by aircraft performed by an air transport undertaking.

Air carrier liability regarding the carriage by air of passengers and their baggage within Member States is regulated by European Regulation No. 2027/97 dated 9 October 1997 as amended by Regulation (EC) No. 889/2002, which aligns EU legislation with the Montreal Convention provisions.

ii Internal and other non-convention carriage

As opposed to international carriage, internal carriage is defined as the transportation from one point to another, both within the same state, without any layover in a foreign state.

The Transport Code provisions concerning transportation contracts (L.6421-1 to L.6422-5) are applicable to both gratuitous and onerous transportation regardless of whether the carrier is a professional.

In the event of transportation of passengers, these Articles refer to the responsibility regime created by EU Regulation No. 889/2002 dated 13 May 2002, which extended the application of the Montreal Convention to internal carriage within a Member State.4

In the event of paid transportation by a carrier without an exploitation licence, the Warsaw Convention, as amended by the Hague Convention, is applicable.

iii General aviation regulation

General aviation regulation is found in the Civil Aviation Code and in the Transport Code. The Civil Code is also applicable to the extent the Transport Code refers to it.

In the event of free transportation by a non-professional carrier, Article L.6421-4 provides that the responsibility of the person assuming the role of carrier can be solely engaged if the damage originated in his or her fault.

iv Passenger rights

Passenger rights are provided by the European Regulation No. 261/2004, which sets the obligations of air carriers operating from France and to France if the operating air carrier is an EU carrier, in terms of compensation and assistance of passengers in cases where boarding is denied, the flight is cancelled, or subject to long delay. Since a European Court of Justice (ECJ) decision of 2009,5 a delay of more than three hours is assimilated to a flight cancellation and entitles the passenger to the assistance and compensation provided for in Regulation No. 261/2004.

When the indemnification is due because of flight delay, the Court of Cassation ruled that the passengers must evidence that they actually boarded the plane by producing their boarding pass and would otherwise fail to meet the burden of proof.6

Under Regulation No. 261/2004, air carriers are not liable for indemnification in cases of extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

Point 14 of the Preamble gives a non-exhaustive list of situations that can be considered extraordinary circumstances: 'political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier'.

Although the concept of 'extraordinary circumstances' suffers from a lack of clarity in the Regulation, a few situations have been examined by the ECJ.7

A time limitation for filing a claim under Regulation 261/2004 is not provided by the EU Regulation, which creates a difference of treatment between the Member States. The Court of Cassation finally ruled on that matter in 2017 and held that the five-year common law limit is the applicable statute of limitation.8

Passenger rights are also regulated by specific European Regulations:

  1. Regulation (EC) No. 1107/2006 sets out the rules regarding the carriage of disabled persons.
  2. Regulation (EC) No. 1008/2008 sets out passenger rights regarding airfares, especially pricing and price comparison.
  3. Regulation (EC) No. 2111/2005 requires any person or company selling flight tickets to disclose to the passengers the identity of the carrier actually operating the flight and allows the European Commission to establish a list of airlines (blacklist) banned from operating in the EU.9 The information requirement is more stringent under the Transport Code,10 which requires any person or company selling a flight ticket on an air carrier listed on the EU blacklist to clearly and unambiguously inform passengers and invite them to seek alternatives. This obligation is subject to an administrative fine of €7,500 per ticket issued – doubled in case of renewed breach – and a criminal penalty under Article 121-3 of the French Criminal Code.

Finally, as of 2004, the French Consumer Code provides that air carriers and any person selling air transport tickets shall reimburse individualised taxes and fees, the payment of which stems from the actual boarding of the passenger. As a general rule, the reimbursement is therefore due in any cases, whether the ticket is refundable and even in the case of no-show.11

v Other legislation

Under the Directive (EU) No. 2015/2302 of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No. 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC, improves the rights of customers purchasing packaged travels.

The Directive had to be implemented within Member States by 1 January 2018, and entered into force by 1 July 2018. The Directive has been transposed into French law through Decree No. 2017-1717, which came into force on 1 July 2018 and is applicable to any contract executed after this date.

One of the most important changes brought by the Directive is the broadening of the definition of package travel.

Under the current version of Article L.211-1 of the Tourism Code, the legislation on tour packages applies to any individual or legal entity that performs or participates in, regardless of how that person is compensated, operations consisting of organisation or sale of:

  1. individual or group travel or holidays;
  2. services during travel or holidays, in particular, the issuing of transport documents, booking of accommodation in hotels or accommodation industry and the issuing of vouchers for food services or accommodations; or
  3. services linked to tourism, such as the visit of museums or historical sites.

The persons engaging in the activities described above are subject to strict liability towards the purchaser for the full performance of their contractual obligations, regardless of whether the contracts have been entered into online and whether the services are to be performed in person or by another service provider, without prejudice to their right of recourse against such a provider and within the limits set out in international conventions (Article L.211-16 of the Tourism Code).

The 2015 Directive broadens the definition of package travel to include three new sorts of travel combinations:

  1. prearranged packages: ready-made holidays from a tour operator made up of at least two elements – transport and accommodation or other services (e.g., car rental);
  2. customised packages: selection of components by the traveller and bought from a single business online or offline; and
  3. linked travel arrangements: if the customer, after having booked one travel service on one website, is invited to book another service through a targeted link or similar, the new rules offer some protection, provided that the second booking is made within 24 hours.

The 2015 Directive clarifies the scope of the relevant information requirements, the rules protecting customers against travel organisers' insolvency and the rules relating to compensation demands.

III LICENSING OF OPERATIONS

i Licensed activities

Under Transport Code Article L.6111-1, an aircraft cannot be in circulation without prior registration; through registration in France an aircraft obtains French nationality, in compliance with the Chicago Convention.

In addition and unlike the Chicago Convention, the Transport Code imposes prerequisites to an aircraft registration in France. According to Transport Code Article L.6111-3, an aircraft can only be registered in France if it:

  1. belongs to a French natural person or a national of a Member State;
  2. belongs to a legal entity constituted under the laws of a Member State and having its registered office or its principal place of business within the French territory or a Member State; or
  3. is exploited by an air carrier whose exploitation licence has been delivered by a French administrative authority.

The following licensing requirements apply to air carriage for a fee (as opposed to free air carriage):

  1. Air operator certificate (AOC): a certificate delivered to an undertaking confirming that the operator has the professional ability and organisation to ensure the safety of the operations specified in the certificate. It is delivered by the DGAC, under Article L.1412-2 of the Transport Code transposing Regulation (CE) No. 1008/2008.
  2. Operating licence: subject to the conditions set forth in Article 4 of Regulation (CE) No. 1008/2008, such as having its principal place of business in France.
  3. Authorisation to operate transport services: operators shall notify schedules flights to the DGAC at least one month before their performance under Article R.330-8 of the Civil Aviation Code. Non-scheduled flights are subject to specific provisions.
ii Ownership rules

Article 4 of Regulation (CE) No. 1008/2008 creates an ownership condition to the granting of an operating licence to an undertaking. Member States or nationals of Member States must own more than 50 per cent of the undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings.

The Transport Code and Civil Aviation Code provide specific requirements for publicly traded companies that own an operating licence, whose purpose is to comply with the 50 per cent rule (Article L.6411-2 et seq. Transport Code; Article L.360-2 Civil Aviation Code).

iii Foreign carriers

Under Regulation (EC) No. 1008/2008, European air carriers are not required to obtain an authorisation to carry out intra-Community flights. However, intra-Community air service must be notified to the DGAC, a month in advance for a scheduled flight, 10 days in advance for a non-scheduled flight, and two working days in advance for any other cases. The approval is tacit.

European air carriers have to request in the time frame described above an authorisation to conduct extra-Community air service. Non-European air carriers are required to obtain an authorisation from the DGAC for any flights.

IV SAFETY

As a signatory to the Chicago Convention on International Civil Aviation (dated 7 December 1944) and as a Member State of the International Civil Aviation Organization (ICAO), France complies with the international safety standards defined by the ICAO but also with the European harmonised safety rules.

As of 15 November 2015, occurrence and accident reporting are governed by Regulation (EU) No. 376/2014 and Regulation (EU) No. 1018/2015, the latter providing the list of occurrences subject to mandatory reporting.

In addition, the recent Directive (EU) 2016/681 of 27 April 2016 on the use of passenger name record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime and investigations and prosecutions in these areas, will oblige all air carries to provide the national authorities with the passenger's data for all flights to or from a EU Member State. The Directive was meant to be transposed by all Member States by 25 May 2018 but at the time of writing it has not been transposed in France.

i Occurrence reporting

As of 15 November 2015, Regulation (EU) No. 376/2014 gives pilots and other civil aviation professionals a duty to report any occurrence to the reporting person they are working for.

An occurrence is a 'safety-related event which endangers or which, if not corrected or addressed, could endanger an aircraft, its occupants or any other person and includes in particular an accident or serious incident'. Annexes I–V of Regulation (EU) No. 1018/2015 provide a list of reportable occurrences.

Regulation (EU) No. 376/2014, in its Article 6, provides that each organisation to which occurrences are reported must designate one or more persons to handle independently the collection, evaluation, processing, analysis and storage of details of occurrences reported.

All occurrences reports collected in the EU are stored in the European Central Repository.

ii Accident reporting

Accident reporting is governed by Regulation (EU) No. 996/2010 of 2 October 2010 on the investigation and prevention of accidents and incidents in civil aviation, and by Regulation No. 36/2014; Article L.6221-1 et seq. of the Transport Code and Articles R722-2 et seq. of the Civil Aviation Code.

Accidents or serious incidents that occur in France have to be notified to the French investigation board, which will then notify the Commission, the EASA, the ICAO, and the Member States and third countries concerned.

iii Maintenance and continuing airworthiness

Maintenance and continuing airworthiness of aircraft are governed by Regulation (EU) No. 1321/2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks relating to:

  1. the 'measures to be taken to ensure that airworthiness is maintained, including maintenance' and to the 'conditions to be met by the persons or organisations involved in such continuing airworthiness management';12
  2. the 'requirements to be met by an organisation to qualify for the issue or continuation of an approval for the maintenance of aircraft and components';13
  3. the 'aircraft maintenance licence' and 'the requirements for application, issue and continuation of its validity'; and
  4. the 'requirements to be met by organisations seeking approval to conduct training and examination'.
iv Training

Regulation (EU) No. 1178/2011 of 3 November 2011 provides the technical requirements and administrative procedures for civil aviation aircrew. This Regulation was implemented by the Decree of 5 April 2012 and recently modified by two arrêtés, respectively dated 2 April 2015 and 14 April 2016.

Regarding the licensing and training of air traffic controllers, they are governed by Regulation (EU) No. 2015/340 of 20 February 2015.

V INSURANCE

Regulation (EC) No. 785/2004 amended by Regulation (EC) 285/2010 determines the types and levels of insurance that air carriers and aircraft operators must have. They apply to 'all air carriers and all aircraft operators flying within, into, out of, or over the territory of a Member State'. According to Article 2 of this Regulation, all air carriers and aircraft operators must be insured in respect of passengers, baggage, cargo and third parties, in order to cover the risks associated with aviation-specific liability (including acts of war, terrorism, hijacking, acts of sabotage, unlawful seizure of aircraft and civil commotion:

  1. For liability regarding passengers, the minimum insurance cover must be 250,000 special drawing rights (SDR) per passenger. EU Member States may set a lower level of insurance cover for non-commercial operations by aircraft with a maximum take-off mass (MTOM) of 2,700 kilograms or less; provided that such cover is at least 100,000 SDR per passenger.
  2. For liability regarding baggage, the minimum insurance cover must be 1,131 SDR per passenger in commercial operations.
  3. For liability regarding cargo, the minimum insurance cover must be 19 SDR per kilogram in commercial operations.

The above levels of insurance do not apply to flights over the territory of the EU Member States carried out by non-EU air carriers and by aircraft operators using aircraft registered outside the EU that do not involve a landing on or take-off from such territory.

For liability regarding third parties, the minimum insurance cover per accident and per aircraft must be as follows:

Category MTOM (kilograms) Minimum insurance (million SDR)
1 ≤ 500 0.75
2 ≤ 1,000 1.5
3 ≤ 2,700 3
4 ≤ 6,000 7
5 ≤ 12,000 18
6 ≤ 25,000 80
7 ≤ 50,000 150
8 ≤ 200,000 300
9 ≤ 500,000 500
10 > 500,000 700

Air carriers and, when required, aircraft operators, must comply with the insurance requirements set out in this Regulation by providing the DGAC, the competent authority in France, with an insurance certificate or any other evidence of valid insurance.

Regarding overflights by non-EU air carriers or aircraft registered outside the EU, which do not involve a landing on or take-off from any EU Member States, as well as in respect of stops in EU countries by such aircraft for non-traffic purposes, the EU Member State concerned may request evidence of compliance with the insurance requirements laid down in the Regulation.

Infringement of this Regulation by EU air carriers can be sanctioned by the revoking of their operating licence whereas, for non-EU air carriers and aircraft operators using aircraft registered outside the EU, the sanction can include the refusal of the right to land on the territory of an EU Member State.

Where EU Member States are not satisfied that the conditions of this Regulation are met, they must prohibit an aircraft from taking off until the air carrier or aircraft operator concerned has produced evidence of adequate insurance cover.

However, even though the Montreal Convention applies, it does not mean that the Warsaw Convention does not apply.

VI COMPETITION

i The relevant competition provisions

There are no specific provisions in French law regarding competition in the aviation sector; therefore, the provisions of the Commercial Code apply:

  1. Article L.420-1 prohibits all agreements and concerted practices that have the aim or effect of preventing, restricting or distorting competition; and
  2. Article L.420-2 prohibits the abuse of a dominant position by an undertaking or group of undertakings.

The French Competition Authority is in charge of implementing competition law and enforcing, where applicable, the European competition provisions.

Article 101 and Article 102 of the Treaty on the functioning of the European Union (TFEU) apply where the practice at stake can affect trade between Member States.

Regarding state aid, European law provisions apply to the aviation sector. Public aid granted to airports and airlines may, therefore, be caught by Article 107(1) TFEU, in which case the aid will have to be notified to the European Commission for approval.

ii Procedure before the Competition Authority and fines

The Competition Authority may conduct investigations – either following a complaint or ex officio – to find a breach of competition provisions and impose fines for such breaches. All decisions of the Competition Authority can be appealed before the French courts of appeal.

The amount of the fines imposed by the Competition Authority for anticompetitive practices can reach 10 per cent of the turnover of the undertaking concerned. In practice, the maximum fine is rarely imposed. The method used for the calculation of fines is available in a Notice published by the Competition Authority in 2011.

iii Cooperation agreements between operators

French law does not prohibit cooperation agreements nor does the European competition provisions. Cooperation agreements are sometimes considered as being pro-competitive, generally for research and development agreements.

Cooperation agreements between competitors are generally assessed under antitrust rules, and in particular the prohibition of anticompetitive agreements. The analysis is usually conducted in the light of the European Commission's Guidelines on horizontal cooperation, which set out the Commission's position for these types of agreements.

The Competition Authority may examine the exchanges of information that take place as part of cooperation agreements as they can be problematic. According to the case law in this matter, any exchange of information exceeding the scope of the cooperation may be considered as an anticompetitive agreement or a concerted practice.

iv Criminal liability for breaches of cartel law

The Commercial Code, in its Article L.420-6, also provides for criminal proceedings initiated against individuals who 'fraudulently play an individual and decisive role in the conception, organisation or implementation' of anticompetitive practices. However, this provision is very rarely applied.

VII WRONGFUL DEATH

The types of damages awarded and the levels of compensation payable for wrongful death shall be addressed in Section VIII.

When the Warsaw and Montreal Convention are applicable, claimants are not allowed to request damages against the air carrier in the criminal proceedings. These claims are made before civil courts.

Claims for compensation against aircraft manufacturers or other parties than the air carrier can be made in the context of criminal proceedings. However, as these claims are often also made against the air carrier, most claims for compensation are made before civil courts, allowing all potential liable parties to be called in the same proceedings.

VIII ESTABLISHING LIABILITY AND SETTLEMENT

i Procedure

Under French law, there are no specific fora, mechanisms or timescales used to settle claims relating to air travel. The Montreal and Warsaw Conventions apply exclusively in cases of death or bodily injury. Together with Regulation (EC) No. 889/2002 dated 13 May 2002, they all provide a two-year time limitation for bringing a claim against the air carrier. This time limitation applies to both international and national air carriages.

A compensation claim can be brought against the air carriers and other liable parties, as manufacturers along with their insurers.

ii Carriers' liability towards passengers and third parties
Carriers' liability towards passengers

The carriers' liability to passengers is established according to the provisions of the Montreal Convention (applicable to internal carriage with respect to Article 1 of Regulation (EC) No. 889/2002 of 13 May 2002). The air carrier has a security duty towards its passengers from the embarking or the disembarking.14 In cases of death or bodily injury of passengers, the carrier is strictly liable and cannot exclude its liability for damages up to 113,100 SDR per passenger. For damages exceeding this amount, the carrier may exclude or limit its liability if it proves that:

  1. the damage did not result from its negligence or other wrongful act or omission; or
  2. the damage solely resulted from the negligence or other wrongful act or omission of a third party.

In cases of damage caused by delay or damage or loss to cargo or luggage, the carrier's strict liability is limited to:

  1. 4,694 SDR for damage caused by delay;
  2. 1,131 SDR per passenger in cases of destruction, loss, damage or delay of the baggage unless a special declaration of interest was made; and
  3. 19 SDR per kilogram for the carriage of cargo unless a special declaration of interest was made.
Carrier's liability towards third parties

Article L.6131-2 of the Transport Code provides strict liability of the operator for all damages caused to the surface and only the victim's fault can exonerate the operator. According to Article L.6131-1, when two moving aircraft collide, the liability is governed by the provisions of the Civil Code.

iii Product liability

Product liability is governed by Articles 1245 et seq. of the Civil Code. A product liability action can only be brought against the manufacturer of the product (or if the manufacturer cannot be identified, or the importer if the manufacturer is outside the EU against the seller, lessor or supplier).

iv Compensation

As compensation is not used as a penalty under civil law, no punitive damages can be obtained before French courts.

Apart from the mandatory payment of the financial advances imposed to European air carriers, there is no obligation in international convention for an air carrier to take the initiative of the victim or its beneficiary's compensation. Therefore, it is up to the victims or their beneficiaries to take necessary action to identify the liable persons or entities and their insurers in order to negotiate the compensation.

In French law, all damages suffered have to be fully compensated. Any types of lawful damages are recoverable as long as causation with the accident is proved. Moral and material damages can be compensated.

IX VOLUNTARY REPORTING

Regulation (EU) No. 376/2014, completed by Regulation (EU) No. 2015/2018, lays down rules of mandatory and voluntary occurrences reporting.

To encourage voluntary reporting, and in pursuit of the concept of 'just culture', Article 16 of Regulation (EU) No. 376/2014 protects reporters or persons mentioned in occurrences reports, both mandatory or voluntary.

Reported information is to be disidentified, meaning all personal data such as names or addresses of natural persons shall be removed. It may not be used to sanction unpremeditated or inadvertent infringements of law, or to support disciplinary actions against the reporter or the person mentioned in the report, except in cases of wilful misconduct, or where there has been a manifest, severe and serious disregard of an obvious risk and profound failure of professional responsibility to take such care as in evidently required in the circumstances, causing foreseeable damage to a person or property, or which seriously compromises the level of aviation safety.

X THE YEAR IN REVIEW

The trend of selling French airports to private investors continues. In addition, a sale, at least partial, of the Paris Airport Company (of which the state owns 50.6 per cent) has been discussed by the government, though not yet officially announced.

The ECJ also made a landmark decision in Helga Krüsemann ea v. TUIfly GmbH on 17 April 2018.15 In this case, a vast majority of the employees placed themselves on sick leave after the company announced a corporate restructuring process. The court held that restructuring and reorganisation were part of the normal management of an air carrier and that the 'wildcat strike' could not be considered as beyond the control of the air carrier, and therefore did not constitute an extraordinary circumstance.

XI OUTLOOK

Directive (EU) 2016/681 of 27 April 2016, discussed in Section IV, on the use of passenger name record data for the prevention, detection, investigation and prosecution of terrorist offences, and serious crime and investigations and prosecutions in these areas, imposes new reporting requirements in an effort to fight terrorism. The Directive was meant to be transposed by all Member States by 25 May 2018 but at the time of writing it has not been transposed in France.

The French regulation of drones is reinforced by two decrees that were published on 20 May 2018 following Law No. 2016-1428 drone security dated 24 October 2016.16 The decrees regulate any drone over 800g and used for leisure purposes. These drones should be registered with the DGAC, equipped with a system of capacity limitation, operated by a remote pilot that has followed a training in controlling aircraft without pilots safely and in compliance with air navigation regulations, and equipped with a sound signalling system triggered by the loss of control of the aircraft.


Footnotes

1 Carole Sportes is a partner at Squire Patton Boggs. The author would like to thank Albertine Guez, associate at Squire Patton Boggs in the Paris office, who participated in the preparation of this chapter.

2 Regulation (EC) 793/2004 of 21 April 2004 and Regulation (EC) 545/2009 of 18 June 2009 amending Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports.

3 Council of State (French Administrative Supreme Court), 11 July 2007, No. 299787, 300114, EasyJet Airlines Company Ltd et al.

4 Supreme Court (Court of Cassation) 1 civ., 2 April 2014, No. 13-16.038.

5 ECJ, 26 February 2013, Case C-11/11 Air France SA v. Heinz-Gerke Folkerts and Luz-Tereza Folkerts confirming Joined cases dated 19 November 2009, No. C-402/07 and C-432/07.

6 Supreme Court (Court of Cassation), 14 Feb. 2018, No. 16-23205.

7 ECJ, 31 January 2013 No. C-12/11, Denise McDonagh v. Ryanair Ltd (holding that a volcanic eruption is an extraordinary circumstance); ECJ, 4 May 2017, No. C-315/15, Pešková v. Travel Service (ruling that a collision with a bird must be classified as extraordinary circumstance); but see ECJ, 22 December 2008, No. C-549/07, Wallentin-Hermann (finding that a technical problem leading to the cancellation of a flight is not an of extraordinary circumstance).

8 Supreme Court (Court of Cassation) 1 Civ, 17 May 2017, No. 16-13352; 1 Civ, 15 June 2017; No. 16-19375.

9 The Blacklist has been updated on 30 November 2018 and includes 178 air carriers banned in the EU: 172 owing to a lack of security oversight by their local aviation authorities and six owing to concerns regarding the security of the air carrier.

10 Article L6421-2-1 of the Transport Code.

11 Article L224-66 of the Consumer Code.

12 Part M of the Commission Regulation (EU) No. 1321/2014.

13 Part 145 of the above-mentioned Regulation.

14 Article 17 of the Montreal Convention, Article 17 Warsaw Convention and decision of the French Court of Cassation dated 15 July 1999.

15 Case No. C-195/17.

16 Decree No. 2018-374, 18 May 2018; Decree No. 2018-375, 18 May 2018.