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Court finds Air France, Airbus guilty of involuntary manslaughter over 2009 crash

Divers recover part of the tail section from the Air France A330 aircraft that crashed over the Atlantic ocean on 1 June, 2009.
Divers recover part of the tail section from the Air France A330 aircraft that crashed over the Atlantic ocean on 1 June, 2009. AFP - HANDOUT

A Paris appeals court Thursday found Air France and Airbus guilty of involuntary manslaughter over the 2009 crash of a Rio-Paris flight that killed 228 people, the worst disaster in the French flag carrier's history.

Air France and Airbus, Europe's leading aerospace manufacturer, were ordered to pay €225,000 each, the maximum fine for corporate manslaughter. They had been acquitted by a lower court and have denied any criminal liability.

In 2023, both Air France and Airbus were acquitted of involuntary manslaughter after a court ruled that, although mistakes had been made, there was insufficient proof that they directly caused the crash.

Flight AF447 departed Rio de Janeiro for Paris on 1 June, 2009, carrying 216 passengers and 12 crew aboard an Airbus A330. While crossing the Atlantic during stormy weather, the aircraft’s pilots lost control and the plane plunged into the ocean. There were no survivors.

Among those killed were 72 French nationals and 58 Brazilians, with victims also coming from several other countries.

The acquittal angered many relatives of the victims, who argued that the judgment failed to recognise the responsibility of two major aviation companies.

Although prosecutors initially recommended dropping the charges, they later pursued an appeal in order to allow what they described as the “full potential” of the legal process to be explored.

The appeal hearings began in September 2025, and for many families they represent a final opportunity to secure criminal convictions.

Philippe Linguet, who lost his brother in the crash, described the proceedings as the “last resort”.

“We want a justice system that is combative, that goes beyond the usual procedures to convict two European and multinational companies,” he said.

Pitot tube failures

Central to the trial has been the role of the aircraft’s pitot tubes – instruments used to measure airspeed. Investigators found that the tubes became blocked by ice crystals during a mid-Atlantic storm, causing conflicting speed readings, cockpit alarms and the disconnection of the autopilot system.

Technical experts told the court that, after the instruments malfunctioned, the pilots placed the aircraft into a climb that ultimately caused it to stall before crashing into the ocean.

Lawyers representing the victims’ families have argued that Airbus and Air France were already aware of problems linked to pitot tubes before the disaster. They also contend that pilots had not received sufficient training to handle such a high-altitude emergency.

Prosecutors accuse Airbus of underestimating the seriousness of repeated pitot probe failures and failing to properly warn airline crews about the risks. Air France, meanwhile, is accused of not providing adequate training for pilots dealing with pitot tube icing incidents and failing to sufficiently inform flight crews.

“We will seek to overturn the judgment and secure the conviction of both companies,” prosecutor Agnes Labreuil said in November.

Another prosecutor, Rodolphe Juy-Birmann, sharply criticised the conduct of the companies over the past 16 years.

“Nothing has come of it – not a single word of sincere comfort. It’s a rock-solid defence. One word sums up this whole circus: indecency,” he told the court.

Companies reject criminal responsibility

Airbus and Air France have consistently denied any criminal liability, maintaining that pilot error was the decisive factor behind the crash.

During the trial, lawyers for both companies acknowledged the scale of the tragedy while insisting that the evidence did not justify criminal convictions.

Christophe Cail, representing Airbus, told the court in October that the manufacturer’s objective was “zero accidents”.

“Even the smallest accident is a failure for our entire community,” he said.

Pascal Weil, acting for Air France, admitted that the airline had the capability to conduct high-altitude training exercises but had not considered them necessary at the time.

(with newswires)

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