All questions

Legal framework for liability

The key legislation in Cyprus is the Civil Aviation Law, which is fully harmonised and aligned with the acquis communautaire on air transport. The implementation of the acquis is a dynamic process and the DCA is continuously monitoring and following the new developments.

In accordance with the established principle of the Supreme Court's case law,5 Community law is superior to national law. Furthermore, international treaties to which Cyprus has acceded have increased force over any other domestic law but not over Community law.6 Cyprus has implemented most international law instruments, which are applied as part of the Cypriot legal order.

i International carriage

The key treaties on international air carriage that Cyprus has embodied are set out below:

  1. The Convention for the Unification of certain rules relating to international carriage by air, commonly known as the Warsaw Convention 1929, was ratified by the 1953 Decree on Air Carriage.
  2. Law No. 66/1970 ratifies the Hague Protocol 1955 and the Guadalajara Convention 1961, which amend and supplement the Warsaw Convention.
  3. Law No. 173/1988 implements the Protocol of Guatemala 1971 and Protocols of Montreal 1975, amending the Warsaw Convention.
  4. Law No. 213/1988 applies the Convention on International Civil Aviation signed in Chicago in 1944 and its Thirteen Protocols of 1947–1984.
  5. The Convention for the Unification of certain rules for international carriage by air, known as the Montreal Convention 1999, has become a part of the Cyprus legal order through Law No. 2(III)/2002.
  6. Law No. 30/1972 implements the Convention for the Suppression of Unlawful Seizure of Aircraft (Hague Convention 1970).
  7. Law No. 31/1972 embodies the Convention on Offences and Certain other acts committed on board aircraft (Tokyo Convention 1963).
  8. The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal Convention 1973) was ratified by Law No. 37/1973.
  9. Law No. 15/1990 ratifies the Eurocontrol Convention on Aviation Security 1960 and later, Law No. 22(III)/2000 adopts the Brussels Convention 1997 amending the Eurocontrol Convention.
  10. Law No. 33(III)/2001 adopts the 1988 Protocol relating to suppression of unlawful acts against the safety of civil aviation.
  11. Law No. 10(III)/2018 ratifies the Convention on the suppression of unlawful acts relating to international civil aviation.
ii Internal and other non-convention carriage

Article 285 of the Civil Aviation Law stipulates that the scope of application in Cyprus of the provisions of the Conventions of Chicago 1944, Tokyo 1963, Hague 1970 and Montreal 1973 is extended so that they apply not only to international flights but also to domestic flights. Further, Article 231(2) of the Law underlines that the provisions of the Montreal Convention 1999 also cover internal air carriage.

iii General aviation regulation

The Civil Aviation Law regulates all relevant matters, including aircraft registration, airworthiness, maintenance and other safety rules, training of aircraft crew, the responsibilities and liabilities of the captain, airports' operation and fees, ground handling, landing and take-off rules, air carriers, environmental protection, civil liability of air carriers and the protection of civil aviation. Each section is also governed and supplemented by the corresponding regulatory administrative acts (RAA) as well as the relevant EU and international instruments.

The term 'aircraft' under the ambit of the Civil Aviation Law implies any device capable of flying at least 30 metres above the ground and includes balloons, airships, gliders, kites, landplanes, seaplanes, amphibian aeroplanes, propeller-driven aeroplanes, jet-powered aeroplanes, helicopters and gyroplanes.7 The provisions relating to liability apply to all aircraft under the Civil Aviation Law's meaning.

iv Passenger rights

Flight Compensation Regulation No. 261/2004 relating to denied boarding, flight cancellations or long delays of flights is applied in Cyprus through RAA No. 283/2005. Moreover, Regulation No. 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier is embodied by RAA No. 541/2007.Regarding the rights of disabled persons and persons with reduced mobility when travelling by air, Regulation No. 1107/2006 is applied through RAA No. 287/2008.

The DPA is responsible for implementing the above Regulations in a case where the passenger departs from Larnaca or Paphos Airports or from a third-country airport to those airports and where the air carrier is a Community carrier.

Passengers have the right to lodge a complaint to the DPA in the case of an alleged violation. If a violation is found, the passenger is entitled to the compensation provided. The offender is also subject to administrative sanctions.8 Such a sanction may result in the imposition of a fine9 or the suspension or revocation of a licence.10

Interestingly, in the course of Action No. 189/2016 between DZ v. Blue Air Management Solutions SRL, the District Court of Larnaca requested a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union (TFEU) on issues relating to denied boarding, passengers' rights and the responsibility of the air carrier that arose. The Court of Justice of the European Union (CJEU) gave its ruling on 30 April 2020 in Case C-584/18, holding that an air carrier's refusal of boarding based on the allegedly inadequate nature of travel documentation does not deprive, per se, the passenger from protection under Regulation 261/2004. Accordingly, in the event of challenge, it is for the competent court to assess whether the denied boarding is reasonably justified. In this regard, Regulation 261/2004 precludes a provision, included in the air carrier's general terms, which limits or excludes its liability in the event of denied boarding for reasons relating to the allegedly inadequate nature of the passenger's travel documentation and thus deprives the passenger of any right to compensation he or she may have. Subsequent to the CJEU's ruling, the District Court of Larnaca, in its decision dated 20 May 2020, awarded in favour of the claimant the amount of €300 as general compensation for the pain, upset and distress suffered as a result of the defendant's refusal to board. Special damages were also awarded, including, inter alia, the total cost of the airline ticket and the hotel's cancellation fees.

v Other legislation

Regarding employment law, the Organisation of Working Time of Flying Personnel of Civil Aviation Law No. 12(I)/2004 is relevant. The Law lays down minimum health and safety requirements and covers issues such as annual leave, working rates, maximum working time, medical examinations and the role and powers of inspectors.

Moreover, Chapter 24 of the Civil Aviation Law makes provision as to the protection of the environment. In particular, Article 190 confers an obligation upon airport operators, aircraft owners and captains to avoid and reduce environmental pollution caused by the emission of inevitable noises, vibrations or gases. The Civil Aviation Law also has various other environmental provisions, such as those found in Sections 11, 18, 33, 35, 36, 41, 45, 79, 91, 105, 106, 107, 135 and 136. In addition, the Evaluation and Management of Environmental Noise Law No. 224(I)/2004 requires, inter alia, the determination of exposure to noise emitted by means of air traffic through noise mapping.

Competition law issues are analysed in Section VI.