INSTITUT DU DROIT INTERNATIONAL
DES TRANSPORTS ET DE LA LOGISTIQUE
RESEARCH
TRAINING
INFORMATION
IRU Symposium 2012
Road Carrier Liability: Passengers Become
Consumers
Traditional Legal Principles
Cécile Legros
Professor at Rouen University
France
IDIT Science Director
IRU Symposium 2012
Road Carrier
Liability:
Responsabilité du transporteur
routier
:
Become Consumers
du voyageur Passengers
au consommateur
Traditional
Legal Principles
Les principes juridiques
traditionnels
SOURCES of law governing
the liability of passenger road carriers
Criteria: based on the domestic or international nature
of the contract of carriage
•Domestic contract: local rules apply
(domestic law or substantive rule)
•International contract <=> border-crossing:
•Material rules:
•International Conventions
•EU rules
•Conflict rules
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
Example: coach passenger transport operation
•from France
•to the Czech Republic
Sources: the contrat of carriage is international
-> an international convention exists: the CVR
CVR Article 1: this Convention shall apply “when the contract provides that the
carriage shall take place in the territory of more than one State and that the
place of departure or the place of destination, or both these places, shall be
situated on the territory of a Contracting State”.
The Czech Rep. is a party to
the Convention
The CVR applies
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
Example : coach passenger transport operation
•from France
•to Poland
Sources: the contrat of carriage is international
-> an international convention exists: the CVR
HOWEVER
Neither Poland nor France is a
party to the Convention
The CVR does not apply
 One must look for the law
governing the contract
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
Status prior to adoption of Regulation
n° 181/2011 dated 16 February 2011
I – Substantive rules governing contracts for the carriage of
passengers by road:
A. Example of National Law: French Law
B. CVR: Geneva Convention of 2 February 1973 on the Contract for the
International Carriage of Passengers and Luggage by Road
II – Conflict rules governing contracts for the carriage of
passengers by road:
A. Rome Convention of 18 May 1980
B. Rome I Regulation
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
I – Substantive rules: A. French law
•Classical basis for liability: FAULT
Civil Code Article 1382: Any act whatever of man, which causes
damage to another, obliges the one by whose fault it occurred, to
compensate it
•Evolution through case-law : liability for damage caused by THINGS
Civil Code Article 1384, § 1: A person is liable not only for the
damages he causes by his own act, but also for that which is caused
by the acts of persons for whom he is responsible, or by things which
are
his custody. OBJECTIVE ; automatique
<=>inresponsabilité
•Positive law: law of 5 July1985
so-called “Badinter Law”.
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
I – Substantive rules: B. The CVR
• Origin: Convention adopted in Geneva on 2 February 1978
Entered into force in 1994 between 6 States
Bosnia-Herzegovina, Czech Republic, Croatia, Latvia,
Montenegro, Serbia, Slovakia
• Scope:
CVR Article 1:, This Convention shall apply “when the contract provides that the
carriage shall take place
- in the territory of more than one State
- and that the place of departure or the place of destination …/… shall be
situated on the territory of a Contracting State”.
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
CVR: Carrier liability regime

Personal injury
• Liability regime: strict liability (CVR, art. 11-1).
• Exemptions:
- Wrongful act by the passenger
- Force majeure
- But not in case of damage caused by a third party
• Compensation: amount set by the law of the court seized of the case
 Lack of harmonisation
Limit: SDR 83.333 per passenger according to the 1978 Protocol
Or a higher limit if contractually agreed (CVR, art. 13).
Over the ceiling: carrier’s wilful misconduct or gross negligence
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
CVR: Carrier liability regime
Damage to luggage
• Liability regime: carrier liability (CVR Art. 14).
Distinction between checked-in luggage and luggage on board the vehicle
• Exemptions:
- Inherent defect
- Force majeure
- Special risk inherent in the luggage’s nature
Double limit: SDR 166.67 DTS per baggage
and SDR 666.67 per passenger
SDR 333.33 for luggage held by the passenger
Or higher limit if contractually agreed
Over the ceiling: carrier’s wilful misconduct or gross negligence
Conditions: complaint within 7 days
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
Status prior to adoption of Regulation
n° 181/2011 dated 16 February 2011
II – Conflict rules governing contracts for the carriage
of passengers by road
A. The 1980 Rome Convention
Rome Convention of 19 June 1980 on the law
applicable to contractual obligations
for all contracts concluded from 1 April 1991 to 17 December 2009
B. “Rome I” Regulation
Regulation (EC) No 593/2008 of 17 November
2009 on the law applicable to contractual
obligations
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
II – Conflict rules governing contracts for the carriage
of passengers by road
A. The 1980 Rome Convention
• Principle: freedom of choice of applicable law (art. 3)
• in the absence of choice (Art. 4): the contract shall be
governed by the law of the country where the party required
to effect the characteristic performance … has his habitual
residence
 Carrier’s law
NB: Article 5 (Consumer contracts) does not apply
Except to any “contract which, for an inclusive price, provides
for a combination of travel and accommodation” (package tours)
(Art. 5, § 5).
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
II – Conflict rules governing contracts for the carriage
of passengers by road
B. “Rome I” Regulation of 17 November 2009
NB : applicable to contracts concluded after 17/12/09
Article 5§2 now foresees that:
“To the extent that the law applicable to a contract for the carriage of
passengers has not been chosen by the parties in accordance with the second
subparagraph, the law applicable shall be the law of the country where the
passenger has his habitual residence, provided that either the place of
departure or the place of destination is situated in that country. If these
requirements are not met, the law of the country where the carrier has his
habitual residence shall apply. The parties may choose as the law applicable to
a contract for the carriage of passengers in accordance with Article 3 only the
law of the country where: (a) the passenger has his habitual residence; or (b)
the carrier has his habitual residence; or (c) the carrier has his place of central
administration; or (d) the place of departure is situated; or (e) the place of
destination is situated.”
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
Features of the Regulation’s new Article 5§1
a)
b)
c)
d)
e)
limited choice of applicable law between that where either
the passenger has his habitual residence; or
the carrier has his habitual residence; or
the carrier has his place of central administration; or
the place of departure is situated; or
the place of destination is situated.
-
in the absence of choice: conflict-of-law rule aiming to
protect passengers: law of the country where the
passenger has his habitual residence (subject to
certain conditions)
N.B.: Contracts of carriage for passengers are not always included in
consumer contracts => Lower protection by the conflict-of-law rule
IRU Symposium 2012
Road Carrier Liability:
Passengers Become Consumers
Traditional Legal Principles
Conclusion
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