And the French position has changed.......
Shared cost flights (as noted above) are regulated by Article 6(4)(b)(a) of EU Regulation 965/2012, which authorises, by way of derogation, the operation of “non-complex motor powered aircraft” in the form of “shared cost flights by individuals, on the condition that the true cost is shared between all of the occupants of the craft, including the pilot, and that the number of persons carrying the cost does not exceed six”.
The French Civil Aviation Authority (DGAC) legislated 22 August 2016 to add further conditions in the case of internet-based sharing. This included a pilot’s experience and qualifications; matters not included in Annex VII. The DGAC justified this derogation based on Article 14 of EU Regulation 216/2008 (common rules of civil aviation), which provides States with the authority to derogate the regulation in cases of emergency.
On 22 June 2017 the Conseil d’Etat (the French supreme administrative court) overturned this regulation. Claiming to rely on Article 14 of EU Regulation 216/2008 was held to be unjustified, as flight sharing via the Internet was no more dangerous for passengers than flight sharing by another means.