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Air Passenger Compensation Litigation: A New Regulatory Framework under Decree No. 2025-772
08.27.2025
For several years, litigation relating to air passenger compensation has seen a considerable surge. Driven by EU Regulation (EC) No. 261/2004 and amplified by the rise of specialized claim platforms, this trend has led to an almost systematic multiplication of legal actions against air carriers.
French courts have consequently faced an overflow of repetitive claims, sometimes filed in hundreds for the same flight, exerting significant procedural pressure on airlines.
In response to this inflation of litigation, the French government has introduced a stricter framework. Decree No. 2025-772 of 5 August 2025, published in the Official Journal on 7 August (accessible here), constitutes a structural reform. It will enter into force on 7 February 2026.
Decree No. 2025-772: A Structural Reform in Aviation Litigation
Mandatory Writ of Summons and End of Collective Claims
From now on, passengers will no longer be able to bring claims before courts through a simple application. The writ of summons (assignation) becomes the sole procedural route.
Furthermore, the summons may only concern:
- a single claimant, or
- several passengers on the same flight, provided that they have a proven personal connection (family up to the 4th degree, spouses, civil partners, or cohabitants).
As a result, collective claims filed by unrelated passengers are prohibited, putting an end to the practice of mass claims driven by specialized platforms.
Mandatory Prior Mediation
Before initiating any judicial action, passengers must now provide evidence of an attempt at consumer mediation, such as through the Tourism and Travel Mediator (MTV).
Failure to comply may render the action inadmissible.
This mandatory filter is designed to promote amicable dispute resolution, thereby reducing the volume of court proceedings against airlines.
Under penalty of inadmissibility, passengers must submit their request to a mediator within one year of their written complaint to the carrier (Article L. 612-2, 4° of the French Consumer Code).
Exceptions to the Mediation Requirement
The decree nevertheless provides for two exemptions:
- claims already submitted to a carrier before 7 August 2025,
- disputes where the triggering event (delay, cancellation, denied boarding) occurred more than four years before the entry into force of the decree.
A Procedural Rebalancing in Favor of Airlines
This decree directly addresses the imbalances created by Regulation (EC) No. 261/2004 and the proliferation of opportunistic collective actions.
By imposing a formal writ of summons, restricting admissibility of group claims, and mandating prior mediation, the reform aims to ensure:
- a significant reduction of mass litigation,
- a more streamlined and sustainable case law,
- greater procedural predictability for air carriers.
This rebalancing is crucial: it restores a clear, stable, and manageable framework for airlines, likely alleviating the pressure caused by serial compensation disputes.
A New Framework for Air Passenger Compensation as of February 2026
From February 2026, air passenger compensation litigation will become more complex for claimants. The emphasis on mediation is expected to favor amicable settlements and reduce excessive judicialization.
This framework strikes a balance between two objectives:
- safeguarding the legitimate rights of passengers, as substantive rules remain unchanged,
- while providing airlines with legal certainty and a rationalized litigation process.
By curbing abusive collective actions, imposing prior mediation, and tightening procedural routes, Decree No. 2025-772 of 5 August 2025 marks a decisive step in the management of aviation litigation.
✈️ For airlines, this reform is a turning point: procedures are now more balanced, offering both legal security and a reduction of judicial risks.
👉 Our law firm advises airlines on a daily basis, including in the management of regulatory obligations, compensation litigation, and relations with tour operators. Don’t hesitate to contact us 📩
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