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
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War breaks down borders – but rarely contracts
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War breaks down borders. Rarely does it break down contracts. Tension...
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