Air Transport and Delay Dispute: The Warsaw Convention Applies Even Between Two French Cities

Imagine: you live in Bruay-la-Buissière and you book a flight to Nice to view a flat with a view to purchasing it. The scheduled departure at 10am is postponed to 6pm. You miss the viewing, and the property slips away. Can you claim compensation from the airline? How far does its liability extend?

This question was raised by a passenger concerning a Strasbourg-Nice flight. The French Supreme Court (Cour de cassation) ruled on 20 March 2001: even for a domestic French flight, it is the 1929 Warsaw Convention that applies, not ordinary law. A decision that limits compensation but clarifies the rules.

In this article, I explain the facts, the reasoning of the judges and what this actually means for you, whether you are a traveller, a tourism professional or a carrier.

The facts: a story that happens every day

Mr X, a resident of Lens, buys a return Air France ticket to travel from Strasbourg to Nice. The outbound flight is delayed by several hours, and the return flight suffers the same fate. As a result, he misses professional and personal appointments and suffers moral damage. He decides to sue Air France before the tribunal d'instance (local court) of Strasbourg for compensation.

The court rules in his favour in 1999, ordering Air France to pay damages. But the airline contests this: according to it, domestic transport is not international transport, so the Warsaw Convention does not apply. Or, if it does apply, it limits compensation. Air France appeals to the French Supreme Court.

The central legal question: which liability regime applies to a domestic French flight? Ordinary law (Article 1382 of the Civil Code, now Article 1240) which allows for high damages, or the Warsaw Convention which caps amounts? The French Supreme Court will decide.

The reasoning of the court — analysed

The French Supreme Court quashes the judgment of the tribunal d'instance. It states that the Warsaw Convention of 12 October 1929 governs the liability of the air carrier for persons, even if the transport is not international within the meaning of that Convention, i.e., even for a flight between two French cities.

Why? Because the Convention was incorporated into French law by the Act of 2 August 1931, and it applies to all air transport performed by a carrier subject to French law. The concept of international transport (between two states) is not an exclusive criterion: the legislature chose to unify the rules for all flights operated by French companies.

Concretely, this means that passengers on a domestic flight cannot rely on ordinary law to obtain higher compensation. They are subject to the caps and conditions of the Warsaw Convention (two-year limitation period, limitation of amount, etc.). The Court thus confirms consistent case law, not a reversal.

The judges considered that the tribunal d'instance had misapplied the law by excluding the Convention. They refer the case back to the Colmar Court of Appeal for it to rule again taking this rule into account.

What this changes for you — practically

For travellers: if you suffer a delay, cancellation or loss of luggage on a domestic French flight, your rights are capped by the Warsaw Convention. For example, for a delay, compensation is limited to approximately 250 euros (amount varies according to subsequent protocols). You must act quickly: the Convention imposes a two-year time limit to bring legal proceedings.

For transport professionals: this decision protects you by limiting your financial exposure. You know that the rules are the same for all your flights, whether international or domestic. You must nevertheless inform your passengers of these limits, for example in your general terms and conditions of sale.

For insurers: the conventional caps reduce risks, but watch out for exceptions (inexcusable fault of the carrier, etc.). A client from Lens who had taken out cancellation insurance was able to obtain additional reimbursement under his contract, because the Convention does not cover everything.

If you are in this situation, you must check whether the airline has committed a gross fault (e.g., failure to maintain the aircraft) which could lift the cap. Otherwise, you can only claim the amounts provided by the Convention, and not the entirety of your loss.

Four tips to avoid this type of dispute

• Keep all your supporting documents: tickets, boarding passes, delay certificates, invoices for additional expenses (hotel, meals). Without them, you will not be able to prove your loss.
• Report the delay immediately: to ground staff or via customer service. Obtain written confirmation. This will enable you to meet the limitation periods (two years) and keep evidence.
• Check your insurance: your home multi-risk insurance or bank card may include cancellation or delay cover. In Lens, an insured person thus obtained 300 euros from his bank in addition to the conventional compensation.
• Consult a lawyer before taking action: a professional can assess whether the carrier's fault is inexcusable, which would allow the caps to be exceeded. Do not embark on proceedings alone.

Further information: related case law and developments

This decision is part of a consistent line: the French Supreme Court had already ruled in 1995 (Civ. 1re, 21 November 1995, no. 93-18.561) that the Warsaw Convention applies to domestic French flights. Other decisions have extended this principle to charter flights and free transport.

Since then, EC Regulation No. 261/2004 has strengthened passengers' rights in cases of denied boarding, cancellation or significant delay, by providing fixed compensation (up to 600 euros) in addition to the Convention. However, this regulation only applies to flights departing from an EU airport, regardless of the carrier. For a domestic French flight, both texts coexist: the Convention sets the liability cap, the European regulation gives automatic rights.

The trend in the courts is therefore to combine the two regimes, which complicates disputes. The future may bring further harmonisation if the Montreal Convention (1999) definitively replaces that of Warsaw, but France has not yet ratified it for domestic flights.

Frequently Asked Questions

1. Can I obtain more than the Warsaw Convention cap for a delay on a domestic flight? Yes, if you prove an inexcusable fault of the carrier (e.g., serious maintenance failure). Otherwise, you are limited to the cap (approximately 250 euros for a delay).
2. What is the time limit to bring legal proceedings against the airline? The Warsaw Convention imposes a two-year time limit from arrival at destination or from the day the aircraft was due to arrive. After that, you are time-barred (you lose all rights).
3. Does EC Regulation 261/2004 also apply? Yes, for delays of more than 3 hours, cancellations or denied boarding, you can claim fixed compensation of 250 to 600 euros depending on the distance. However, this compensation is independent of the Warsaw Convention.
4. What should I do if the airline refuses to compensate me? Send a registered letter with acknowledgement of receipt citing the Warsaw Convention and the European regulation. If it persists, apply to the juge de proximité (local judge) or the tribunal judiciaire (judicial court) (depending on the amount). A lawyer can assist you.

Are you in a similar situation? A 30-minute initial consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →