Changes make it harder to claim for flight compensation in France

Air passengers in France who face disruption to journeys may soon find it harder to obtain a refund or compensation, as the government sets out new rules on claims. 

At present passengers can take their case to court free of charge by simply filing a claim. However the new rules, expected to come into force in February next year, will no longer allow this.

Passengers will instead have to undertake a lengthier and potentially costly process.

The changes, detailed in a decree on August 5, are being put in place to free up space in courts which are becoming congested with claims from passengers facing frequent disruptions. 

The move comes independently of plans by the EU to shake up compensation rights in the sector, which are yet to be fully approved. 

If passed, these bloc-wide changes will see compensation rates based on the length of flights altered – in some cases to lower than current levels.

Action through mediator is new step

Although the current process of a direct claim to the court may take time before the case is heard, it is free and is independent of making a claim through the airline itself.

However, from February 7, before going to court it will be necessary to attempt to obtain a refund through the Travel and Tourism ombudsman (médiateur Tourisme et Voyage) if the airline has not already paid this.

Prior to contacting the mediator, a passenger must have asked the responsible airline for a refund or compensation (through an officially-recorded request on their website or through a recorded letter or lettre recommandée avec accusé de réception). 

After having contacted the airline, they must wait at least two months (or have already received an unsatisfactory response from the airline) before then contacting the mediator.

It can take up to six months for a case to be resolved by the mediator, and it is only after this – assuming the passenger is not satisfied with the outcome – that an application to the court can be made.

Costly court can procedures outweigh refunds

However, instead of being able to file a direct claim to the court, passengers will need to file an assignation individuelle (individual summons). 

This requires either the use of a commissaire de justice and/or a lawyer which will mean incurring legal fees.

In many cases, the costs of taking the claim to court will outweigh the amount to be refunded, and companies specialising in helping clients reclaim refunds from airlines have criticised the new process.

“The cost of the procedures often becomes disproportionate to the amount of compensation, which is determined by the flight distance [between €250 to €600],” said the founder of RetardVol, Anaïs Escudié, to media outlet Le Figaro. 

“There is a risk that airlines will take advantage of this to further delay compensation, as many passengers will give up due to the complexity and cost of the process,” she added. 

The proposed changes by the EU would make it easier in theory for passengers to obtain compensation from airlines in the event of flight disruption.

Measures such as airlines required to send standardised compensation forms to all passengers following certain incidents are included in the changes.

However, the EU changes offer little extra protection for passengers in the case of an airline refusing to provide a refund or compensation.