PPRuNe Forums - View Single Post - French Concorde crash
View Single Post
Old 21st Dec 2010, 20:38
  #515 (permalink)  
Lemurian

Sun worshipper
 
Join Date: Dec 2001
Location: Paris
Posts: 494
Likes: 0
Received 0 Likes on 0 Posts
jcjeant :
I do not think this is an end in itself or in other words it prevents an individual (family passenger or crew member) to initiate a lawsuit against Air France for additional damages compensation or seek other convictions
No, you're wrong. This verdict is now as per French law a *test case* ( we say "le jugement fait jurisprudence")The claims must follow the findings of the court... unless the appeal court reverses it. No more claims can be asked outside the verdict.

PBL :
In my opinion, finding a common ground with the different jurisdictions could well be a chore but there are two aspects that could be investigated as far as the French - and those who have a similar *code* ( that means all the ex-colonies, in particular ) are concerned :
1/- Accept or discuss the absolute prerequisite in French law : responsibility of each individual , I've asked a lawyer who told me that an employment contract constitutes the basis of an employee's responsibility : He's signed it, he's bound by it to a set of ethics and standards he cannot ignore... On the other hand, the company using his services is responsible for the quality of the worker's actions...here again, responsibility.
In this light, the verdict makes sense, whether we like it or not.
2/- Explore why , should an accident, a mishap... happen in the commercial navy, the first jurisdiction that will be set up is the *Tribunal Maritime Commercial*, in which, mariners, officers, mechanics...etc... and captains are judged by professionals,hence their peers (With the assistance of a magistrate) and the constitution of the tribunal reflects the hierarchical level of the defendants... unfortunately, that's not all as the *civil* suit - here, dealing with the financial claims -, needs to be appreciated by a *tribunal correctionel* assessing respective liabilities from the Maritime Tribunal's findings.
If I remember correctly, That tribunal dates from the days of the Royal merchant navy..Why that system hadn't been carried out to the aviation field is beyond my understanding.
A very interesting thread I have to thank you for...if one could ignore the imbecilic self-righteous ramblings from a place in North America.

Last edited by Lemurian; 21st Dec 2010 at 21:00.
Lemurian is offline