War breaks down borders – but rarely contracts
War breaks down borders. Rarely does it break down contracts.
Tensions between Iran and the United States have reignited a very practical question: is an unstable geopolitical context sufficient to nullify contractual obligations?
For businesses, transport operators or insurers, the question is pressing: who bears the risk when performance becomes uncertain, without being materially impossible?
Under French law, war may constitute force majeure (Article 1218 of the Civil Code) — provided it renders performance impossible.
But the reasoning varies depending on the applicable regime.
In the context of package tours, Directive (EU) 2015/2302 (Articles 3(12) and 12(2)) enshrines the concept of exceptional and unavoidable circumstances, based not on impossibility but on a significant change in the conditions of performance.
The CJEU (29 February 2024, Tez Tour, C-299/22; Kiwi Tours, C-584/22) clarified that the absence of an official recommendation is irrelevant and that the assessment is made at the time of termination, including with regard to the conditions of carriage.
Conversely, for a stand-alone air transport contract, the contractual logic remains: in the absence of flight cancellation, the fare conditions apply and the charges remain due (Regulation (EC) No 261/2004).
History
-
War does not always make execution impossible. Sometimes, it simply makes it ruinous
Published on : 05/05/2026 05 May May 05 2026Actualités
War does not always make execution impossible. Sometimes, it simply makes... -
Ten-year warranty and photovoltaic panels: exclusion of equipment used exclusively for professional purposes in accordance with Article 1792-7 of the French Civil Code
Published on : 08/04/2026 08 April Apr 04 2026Actualités
The owner of agricultural buildings commissioned a contractor to install a so... -
Warranty against hidden defects: negotiations do not interrupt or suspend the two-year limitation period!
Published on : 25/03/2026 25 March Mar 03 2026Actualités
Homes buyers had a house built and purchased roof tiles which turned out to b... -
War breaks down borders – but rarely contracts
Published on : 18/03/2026 18 March Mar 03 2026Actualités
War breaks down borders. Rarely does it break down contracts. Tension...
-
Defective product: the Court of Cassation upholds the professional's full claim against the manufacturer
Published on : 11/03/2026 11 March Mar 03 2026Actualités
A customer was seriously injured after an elastic strap on a carousel broke.... -
Car rental: can a clause presume that there are no defects?
Published on : 24/02/2026 24 February Feb 02 2026Actualités
A consumer entered into a vehicle rental agreement with a professional. The a...