Ecoffard (Widow) v Air France

• Jurisdiction: Marruecos
• Date: 29 April 1964
• Court: Court of First Instance (Morocco)

Morocco, Court of First Instance of Rabat.

Ecoffard (Widow)

and

Cie Air France.

International law Relation to municipal law Hierarchical superiority of international law Monism Multilateral conventions on matters of private law The law of Morocco.

Protected States and protectorates Responsibility of protecting State for international relations Treaty-making Succession of former protectorate to treaties made on its behalf by protecting State The law of Morocco.

State Succession International conventions Warsaw Convention, 1929 (Article 40 (1)) Protectorates Whether signature and ratification by France resulted in application of Warsaw Convention to Morocco Whether on attaining independence Morocco succeeded to Convention The law of Morocco.

Treaties Operation and enforcement of Necessity for municipal legislation Multilateral conventions relating to matters of private law Whether publication is necessary The law of Morocco.

Treaties Conclusion and operation of Parties to treaties Right to conclude treaties Composite and dependent States and territories Protectorates Morocco Succession to treaties Warsaw Convention, 1929 (Article 40 (1)) Whether signature and ratification by France resulted in application of Convention to Morocco Whether Morocco succeeded to Convention The law of Morocco.

SUMMARY: The facts.On 12 September 1961 a Caravelle aircraft belonging to Air France and operated on a service between Paris, Rabat and Casablanca crashed near Rabat, killing 71 passengers, including the plaintiff's husband, Pierre Ecoffard. The widow sued Air France, in her personal capacity and as guardian of two infants, alleging that the accident was due to the default of Air France and the chief pilot of the aircraft. She claimed a total sum of 300,000 Dirhams. Air France invoked the Warsaw Convention, admitting liability under Article 171 but contending that its liability was

limited to the sum of 125,000 gold Francs by Article 221 of that Convention. The plaintiff contended, inter alia, that the Warsaw Convention did not apply to the accident, and based her claim on the general code of obligations and contracts in force in Morocco which, inter alia, excluded limitations of liability; alternatively, if the Warsaw Convention did apply, Article 252 of that Convention provided that Article 22 should not apply where the loss was caused by the wilful misconduct (dol) of the carrier or his agents

Held: that the Warsaw Convention applied to the action. By Article 40 (1)3 of that Convention, France's signature and ratification as Protector State of Morocco resulted in the application of the Convention to the territory of Morocco. Under the general principles of succession to treaties, Morocco had on attaining independence succeeded to those engagements entered into by France in the name of Morocco which had not been explicitly denounced, including the Warsaw Convention. Moreover, Morocco had subsequently acceded to the Warsaw Convention in 1958. The fact that the Convention had not been promulgated in Morocco was not significant: its original promulgation in France had been sufficient to bring it into force in Morocco and no further publication was necessary after independence or on Morocco's accession to the Convention. Although the limitation of liability in the Convention was in conflict with general Moroccan law, international lawparticularly multilateral conventions relating to matters of private lawwas hierarchically superior to municipal law and must, in case of conflict, prevail.

The material parts of the judgment follow.

(The Court first outlined the facts and the contentions of the parties, and then continued:)

Since it is at once conceded that the application of Articles 1382 and 1384 of the French Civil Code to which the widow Ecoffard refers must be disregarded in this case as contravening the provisions of Article 16 of the Dahir of 12 August 1913 on the civil condition of French nationals and aliens in Morocco, it is necessary to decide what...