Cruises: what European justice has just changed for passengers

What happens when a vacationer is injured on a cruise ship? On June 4, 2026, the Court of Justice of the European Union (CJEU) clarified the compensation rules in a judgment (C-629/24). Until now, certain passengers could rely on article L. 211-16 of the Tourism Code to request compensation without necessarily proving fault on the part of the company. But European justice has ruled: according to European Regulation No. 392/2009, maritime law applies to injuries occurring on board, even when the cruise is sold as a package trip with accommodation and meals included. For a simple fall on a slippery floor, for example, the passenger must then prove fault or negligence on the part of the carrier.

This decision also concerns French vacationers. The European regulation applies in particular to cruises departing from Marseille, but also to certain trips outside Europe when the contract was concluded in a Member State. The nationality of the passenger is therefore not sufficient, in itself, to determine the applicable rules. This is not a new law, but a clarification of provisions already in force.

A fault to prove for certain accidents

Until now, passengers could, in certain situations, rely on the French Tourism Code. This provides for full liability of the trip organizer, with exceptions. In other words, the victim did not necessarily need to prove fault to seek compensation.

Maritime law distinguishes between several situations. If a passenger slips on a wet floor, he must demonstrate fault or negligence on the part of the carrier. On the other hand, in the event of a shipwreck, collision or fire, the rules are different. The victim does not systematically have to prove fault to obtain compensation.

For a fall unrelated to a maritime accident, the passenger must therefore provide evidence to establish a breach by the company. An additional difficulty when the circumstances of the accident are disputed.

What about during shore excursions?

The location of the accident can also change the situation. Maritime law covers injuries that occur on board, even when the ship is docked. It also applies to embarkation, disembarkation and certain boat transfers between the port and the ship. On the other hand, an injury during a shore excursion included in the package may fall under the Tourism Code, depending on the circumstances.

In the event of an accident, it is better to react quickly. It is advisable to notify the crew, request a written report and photograph the scene. Contact details of possible witnesses and medical documents can also help build a case.

The passenger can then submit a request for compensation to the carrier. For a fall or injury unrelated to a maritime event, the evidence gathered will be essential to assert your rights.