Cour d'appel de Toulouse, 9 décembre 2019, n°15/05878
Item
Référence
Cour d'appel de Toulouse, 9 décembre 2019, n°15/05878
Convention
Convention de Varsovie
Pays
France
Juridiction
Cour d'appel de Toulouse
Composition de la juridiction
C. BELIERES (président)C. ROUGER (conseiller)
C. MULLER (conseiller)
C. ROUQUET (greffier)
C. MULLER (conseiller)
C. ROUQUET (greffier)
Résumé
A student pilot, an instructor and a passenger died in domestic helicopter flight.
The passenger's heirs decided to sue the helicopter operating company for liability and compensation for the damage suffered as a result of the death of their father.
The passenger's heirs decided to sue the helicopter operating company for liability and compensation for the damage suffered as a result of the death of their father.
Attendu
At the time of the accident, X… was a passenger transported in a helicopter operated by Sa Château Villarlong, without any operating license issued in application of regulation CE no. 1008/2008, and flown by one of its members, during a gratuitous domestic flight, on the French territory from one point to another.
In accordance with article L. 322-3 of the French civil aviation code, the liability of the passenger air carrier is exclusively governed by the provisions of the Warsaw Convention under the conditions of articles L. 321-3, L. 321-4, and L. 321-5. The Warsaw convention, incorporated into French legislation, is declared applicable to all claims against the passenger air carrier, even if the transport is not international in the meaning of this Convention, whoever the claimants are and whatever legal base they raise.
Under the terms of article L 6422-5, the action for liability against the carrier is brought, under penalty of forfeiture, within two years from the arrival at destination, from the day when the aircraft should have been arriving or stopping transport. (version anglaise de l'art. 29 § 1 (under penalty or forfeiture)
In accordance with article L. 322-3 of the French civil aviation code, the liability of the passenger air carrier is exclusively governed by the provisions of the Warsaw Convention under the conditions of articles L. 321-3, L. 321-4, and L. 321-5. The Warsaw convention, incorporated into French legislation, is declared applicable to all claims against the passenger air carrier, even if the transport is not international in the meaning of this Convention, whoever the claimants are and whatever legal base they raise.
Under the terms of article L 6422-5, the action for liability against the carrier is brought, under penalty of forfeiture, within two years from the arrival at destination, from the day when the aircraft should have been arriving or stopping transport. (version anglaise de l'art. 29 § 1 (under penalty or forfeiture)
Interprétation
The judges of the Court of Appeal hold that the Warsaw Convention as modified by the Hague Protocol signed on September 28, 1955 applies to this dispute by application of article L6422-2 of the French transportation code.
In addition, concerning the time limitation of actions, article L6422-5 of the French transportation code applicable to the dispute extends to national law the regime of article 29 of the Warsaw Convention as amended by the Hague Protocol signed on September 28, 1955.
In addition, concerning the time limitation of actions, article L6422-5 of the French transportation code applicable to the dispute extends to national law the regime of article 29 of the Warsaw Convention as amended by the Hague Protocol signed on September 28, 1955.
Mot clés
Helicopter
domestic flight
extintinctive prescription
Warsow convention applicability (no)
extension of the Warsaw regime (yes)
compensation
domestic flight
extintinctive prescription
Warsow convention applicability (no)
extension of the Warsaw regime (yes)
compensation