French Court Applies Warsaw Convention To Claim By Manufacturer Against Airline

In a decision that will please many carriers and their insurers, a judgment of the Toulouse Court of Appeal issued in March 2013 has held that the Warsaw Convention applies not only to passenger claims brought directly against an airline, but also to an attempt by a manufacturer to join an airline as a third party to an action brought by passenger interests against the manufacturer of the aircraft involved in an accident. The purpose of such third party proceedings was effectively for the manufacturer to claim indemnity or contribution from the airline in respect of any liability the manufacturer may have to the passengers.

The case involved flight RNV967 from Yerevan in Armenia to Sochi in Russia on 2 May 2006, which tragically crashed into the Black Sea during an attempt to land in difficult weather conditions, killing all those aboard. Just three months after the accident, the families of nearly all the victims settled their claims with the airline and its insurers. As part of the settlement formalities, the families signed full release and indemnity documentation acknowledging that they had been compensated and releasing the airline and other parties, including the aircraft manufacturer, from all liability.

Some two years after...