A Paris appeals court on Thursday found Air France and Airbus guilty of involuntary manslaughter over the 2009 crash of flight AF447 from Rio de Janeiro to Paris that killed 228 people, marking a significant legal victory for victims’ families after years of legal battles.
The Paris Court of Appeal ruled that the French flag carrier and European aerospace manufacturer were “solely and entirely responsible for the crash of flight AF447”, ordering each company to pay 225 000 euros (about R4 310 000), the maximum fine for corporate manslaughter.
Whilst the financial penalties are symbolic given the companies’ size, the ruling represents substantial reputational damage for both Air France and Airbus.
The crash
On 1 June 2009, Air France flight AF447 was cruising over the Atlantic Ocean when pilots lost control of the aircraft, causing it to plunge into the ocean. All 216 passengers and 12 crew members aboard the Airbus A330 aircraft perished. The dead included 72 French nationals and 58 Brazilians.
Both companies had denied criminal liability, attributing the crash to pilot error. A lower court had acquitted them in 2023, a decision that outraged victims’ families.
Although prosecutors initially requested the charges be dropped, they subsequently lodged an appeal to allow “the full potential of the legal appeals procedure” to play out. The eight-week appeal trial ran between September and December last year.
Court findings
The court found both companies guilty on all counts, criticising Airbus for underestimating the seriousness of problems with sensors and failing to properly inform airline crews. Air France was found guilty of failing to provide pilot training tailored to situations involving icing of pitot tubes and inadequately informing flight crews.
Lawyers for the families argued that both companies were aware of problems with pitot tubes, which measure flight speed, and that pilots were not trained to handle such high-altitude emergencies.
The court heard how a malfunction with the tubes, which became blocked with ice crystals during a mid-Atlantic storm, caused alarms to sound in the cockpit and the autopilot system to disengage. After the instrument failed, pilots put the plane into a climb that caused the aircraft to stall and crash into the ocean.
Company responses
In November, prosecutor Rodolphe Juy-Birmann criticised the behaviour of Air France and Airbus over the years.
“Nothing has come of it, not a single word of sincere comfort,” he said. “It’s a rock-solid defence. One word sums up this whole circus: indecency.”
In October, Christophe Cail, who represented Airbus, told the court the company’s goal was “zero accidents”.
“Even the smallest accident is a failure for our entire community,” he said.
Pascal Weil, representing Air France, said the company “had the means to conduct high-altitude training, but we did not do so because we sincerely believed it was unnecessary”.
The ruling marks the end of a 17-year legal battle for victims’ families seeking accountability for France’s worst aviation disaster.
