French woman ordered to pay €6,000 after suing Air France over lost luggage

A French woman who sued Air France after her luggage - containing a childhood soft toy of deep sentimental value - was lost on a transatlantic flight has been ordered by a court to pay €6,000 in legal costs, in a ruling that highlights both the limits of airline liability and the risks of pursuing legal action.

The case dates back to 2022, when Florence Gendraud travelled with her partner and children from Paris Charles de Gaulle to Chicago for a two-week holiday. 

The family checked in five suitcases, including a pink case containing a small sheep soft toy she had received as a baby from her Czech grandmother.

The soft toy named Ovechka (“little sheep” in Czech), was “the only object really precious to me that I’ve ever had in my life”, Ms Gendraud told Le Parisien, adding that it was closely linked to her birth, her childhood and her Slavic roots.

She normally kept it in her hand luggage, but said disruption at boarding meant it was placed in the hold. On the same day, a strike at Aéroports de Paris led to tens of thousands of bags being delayed or lost.

On arrival in Chicago, none of the family’s suitcases arrived. Three were eventually recovered and returned after the trip, but the pink suitcase – and the toy inside – were never found.

Air France later acknowledged that the suitcase was lost and paid standard compensation. 

However, Ms Gendraud continued efforts to recover it, convinced it remained in Air France storage facilities at Roissy, known as “Le Kube”.

Over a period of around 10 months, she pursued repeated claims, letters and legal steps, eventually asking a court to authorise access to the baggage storage site so she could search for the suitcase herself.

That request was rejected by the tribunal judiciaire in Aulnay-sous-Bois in January 2024. 

The court also ordered Ms Gendraud and her partner to pay €6,000 to Aéroports de Paris to cover legal costs, ruling that the claim had no legal basis.

Reacting to the decision, she told Le Parisien: “It’s not true, it’s not possible. It’s unreal, absurd, delirious!”

Air France said it had complied with all its obligations and stated that unclaimed or unidentified baggage is destroyed after several months. “It is not possible that a bag lost three years ago would still be present in our facilities,” a company representative said.

Delayed or lost

Luggage is classed as ‘delayed’ if it is not at the airport when you disembark, but is returned to you within 21 days. It is officially ‘lost’ if it is not returned within 21 days or the airline admits it is lost. 

In 2022, lost, delayed or damaged luggage rates hit a 10-year high globally but fell 9% in 2023, according to Sita, which manages IT systems for airlines. 

If your luggage is not at your destination upon arrival, let the airline know – either at their desk at the airport or by calling them. You may be asked to complete a Property Irregularity Report (PIR). 

Keep all travel documents, including boarding pass and luggage tags. If you need to buy replacement items, such as toiletries, keep all receipts as you can ask for a refund from the airline. 

You should then file a written claim with the airline. If it is European (or governed by the Montreal Convention, which is the case for all EU-based airlines), you have 21 days to do this. 

If it is governed by the Warsaw Convention, you have 14 days to file a claim. (Find out which convention applies either on your ticket or by contacting the airline). You can claim compensation of up to €1,800 per passenger.

In the case of damaged suitcases, you can demand compensation for the suitcase and any damaged items. You must write to the airline within seven days of receiving the suitcase if the Montreal Convention applies, and within three days for the Warsaw Convention. 

Provide as much information as possible about the damaged items, such as photographs and receipts. 

You can claim up to €1,800 per damaged or destroyed suitcase. 

“Nothing prevents you from subsequently taking legal action under the law of your country of residence, eg. to get additional compensation,” according to the European Consumer Centres Network. 

Insurers recommend that travellers should keep valuable or sentimental items in carry-on luggage.