Airport Liability towards passengers and airlines - French overview 11th annual McGill University / PEOPIL conference on International Aviation & Liability Dublin 19-20 October 2018

Passengers injury while in the airport area: Examples Slipping and falling Accident on board of shuttle bus Falling of boarding stairs or jetways Boarding bridge collapsed at Islamabad International Airport

The liability of the airport operator for passenger injury No specific liability principles for airport operators Application of general rules on liability Airport considered as public utilities Irrelevance of the legal nature of the airport operator Application of public liability principles Presumed fault = reversed burden of proof on the Defendant that there was no lack of maintenance of public utilities (CAA Versailles, 5 Feb. 2015, No14VE01553) Proof of the damage by the Claimant Proof of causal link by the Claimant

The liability of the airport operator for passenger injury Since 1st Jan. 2017, preliminary claim for compensation to be made to the Defendant (airport operator) no preliminary claim = inadmissibility of the application Art. 421-1 CJA If the Defendant does not respond to or rejects the preliminary claim, proceedings to be initiated before the administrative court within 2 months

The liability of the airport operator for damage to aircraft No special provisions on liability A damage to aircraft resulting from Collision on the ground with airport vehicles Wildlife strike Wrongful surface operation Lack of maintenance Runway debris Snow/ice on runways Fire…

The liability of the airport operator for damage to aircraft Defence and exoneration / limitation of liability (except when the law of 1985 applies) Appropriate maintenance of public utilities (CE, 9 July 2014, No371853) Contributory negligence of the victim Force majeure

Some recent legal issues in case of Bird strike Proof of a fault : lack of appropriate measures (CE, 2è & 7è ch., 7 March 2018, No 403455) Collision on the ground with airport vehicles Specific application of road traffic accident provisions (Law of 5 July 1985 « loi Badinter ») by courts (CA Limoges, 22 Feb. 2018, No 16/01025) A Kuwait Airways Airbus A320 damaged after being hit by a push-back tractor at Kuwait International Airport in June 2017

Perspective Are airports facing new challenges and liability vis-à-vis passengers and airlines? Increase of safety and security issues: Cyberattacks Airspace and ground incursions: drones, etc.

Thank you for your attention