Grenoble Court of Appeal, July 7, 2020

Montréal Convention of 1999 for the Unification of Certain Rules for International Carriage by Air

01 and 31

France

Grenoble Court of Appeal, Civil Division 1

Mrs. Hélène COMBES, President of the Chamber

The applicability of the Montreal Convention and the Time limitation on claims : The family of the deceased contests the applicability of the Montreal Convention to the facts of the case, which results in the end of their action. The appellants argue that they are consumers and that there is no clause in the contract between them and the funeral company stipulating the application of the Montreal Convention. The Court of Appeal pointed out that the Montreal Convention is applicable to the Congo and to France. Moreover, the transport was indeed carried out by an aircraft in exchange of payment. The contract satisfied the conditions set out in article 1 of the Montreal Convention, and the situation was therefore subject to its application. Moreover, if we are indeed in the case of a particular contract, it is not excluded by article 2 of the Montreal Convention. Thus, the time limitation on claims is 21 days from the day of availability of the cargo, in this case the coffin and the body. The first claim took place 8 months later, so the action is out of time. On the status of the deceased person: the European regulation of 2004 on delays could not be applied in this case because it considers the status of passenger. However, it implies the question of life. The body can therefore be attached to the category "baggage and cargo" as set out in the Montreal Convention.