Since 7 February 2026, in France, a passenger can no longer go directly to court against an airline: they must first attempt mediation. Here is what has changed, the steps to follow and the time limits to know.
✓ Content checked by the VolClaim editorial team · Last updated: 19 October 2026 · Sources: decree of 5 August 2025, info.gouv.fr ("Billets d'avion : ce qui change pour demander un remboursement", updated on 14 August 2026), Regulation (EC) No 261/2004
A decree of 5 August 2025, published on 7 August 2025, came into force on 7 February 2026. For disputes between passengers and airlines (cancelled or delayed flights, denied boarding), bringing a case before a judge is now conditional on a prior attempt at mediation with the Médiateur Tourisme et Voyage (MTV).
In practical terms, if you go to court without going through this step, your claim is in principle inadmissible. The decree also changes how to bring a case before the judge if mediation fails: a simple application is no longer possible, a summons is required.
A claim through the official channel, follow-ups, then referral to the Médiateur Tourisme et Voyage if the airline refuses or does not reply: VolClaim takes care of every step and follows your claim through to payment, with no upfront costs. Our 25% commission incl. VAT is only due if successful. If court action becomes necessary, our total fee is capped at 50% incl. VAT. It covers all procedural costs (court fees, lawyer, judicial officer), which we advance and bear. If the proceedings fail, you pay nothing. Procedural costs awarded against the airline (legal costs, Article 700 of the French Code of Civil Procedure) are retained by us.
A written claim must first be sent to the airline, through its official channel, with proof of its date. See what a claim must contain, or entrust the process to us.
If the airline refuses, or does not reply within 60 days (the period commonly used), you can move on to mediation.
Referral to the Médiateur Tourisme et Voyage is free for the passenger and is done online, no later than one year after your written claim to the airline.
The mediator examines the claim and normally gives an opinion within 90 days.
The court is seised only by a summons served by a commissaire de justice (judicial officer). It can be brought by a single traveller or jointly by members of the same family (spouses, PACS partners, cohabiting partners…).
According to the information published on info.gouv.fr, prior mediation is not required in two cases:
Which mediator? The Médiateur Tourisme et Voyage has jurisdiction for most airlines, but for some airlines that are members of BAR France, another mediator may be competent. Check the mediator indicated by the airline in its terms and conditions.
The Direction générale de l'aviation civile (DGAC, the French civil aviation authority) remains competent to monitor compliance with the regulation. If your flight departed from France, you can still report a breach to it via its online form, and it can penalise an airline.
However, the DGAC does not replace mediation and does not pay compensation: it does not obtain your individual compensation on your behalf. To be paid, the route remains claim, then mediation, then possibly court.
The mediator relies on the documents in the file. If you entrust your claim to us, we put this file together for you. Attach your written claim and its date, the airline's reply (or proof of its silence), and the documents proving the disruption. If the airline has invoked an exceptional event, our guide to extraordinary circumstances helps you assess whether this reason holds up.
Yes. In France, since 7 February 2026, for disputes between passengers and airlines (cancelled or delayed flights, denied boarding), bringing a case before a judge is conditional on a prior attempt at mediation with the Médiateur Tourisme et Voyage. Without this step, the court claim is in principle inadmissible, with some exceptions.
No, it is free for the passenger. It is done online, after a written claim to the airline has gone without a satisfactory answer (refusal or no reply, a period of 60 days being commonly used), and no later than one year after that written claim.
The mediator normally gives an opinion within 90 days. If mediation fails, you can then take the case to court, only by summons.
No. You can report a breach to it via its online form if your flight departed from France, and it can penalise an airline, but it does not obtain individual compensation on your behalf and does not replace mediation.
After unsuccessful mediation, the court is seised by a summons served by a commissaire de justice (judicial officer). A summons can be brought by a single traveller or jointly by members of the same family (spouses, PACS partners, cohabiting partners…).
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