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Pierallini Studio Legale | Italy | 30 Nov 2022

Court decides that insolvent Italian airline's partial transfer of employees is legitimate

🕑 3 minutes The Fourth Labour Section of the Court of Rome recently rejected an urgent claim brought by an employee of former Italian flagship airline Alitalia. As part of a restructuring process, Alitalia's aviation business had been sold to the newly set up ITA Airways SpA, while its handling and maintenance businesses were sold to Swissport and Atitech, respectively. Following the sales......
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Cozen O'Connor | USA | 26 Oct 2022

FAA issues final rule increasing mandatory flight attendant rest periods

🕑 3 minutes The Federal Aviation Administration has issued a final rule requiring that flight attendants at large US airlines receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less and prohibiting a reduction in the mandatory rest period under any circumstances. The new rule presents complexities regarding implementation, including its......
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Pierallini Studio Legale | Italy | 19 Oct 2022

Italy's airline baggage policy problems come to an end

🕑 3 minutes The Italian Council of State recently issued favourable judgments rejecting the two appeals brought by the Italian Competition Authority against the two airlines Wizz Air and Ryanair. The two judgments are particularly relevant because they have confirmed that the hand luggage policy adopted by the airlines complies with both national and international sectoral regulations. The......
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KaiRong Law Firm | China | 5 Oct 2022

Precious stones worth ¥350,000 damaged during air transport: who is liable?

Shippers must comply with various package and information disclosure requirements in order to transport cargo, especially valuable cargo. Such requirements might affect the liability of air carrier and the amount of compensation that must be paid if the cargo is damaged. A recent judgment concerning domestic air cargo transport provides some insight into the Chinese courts' view on this matter.
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Cozen O'Connor | USA | 5 Oct 2022

DOT issues airline ancillary fee proposal

The US Department of Transportation (DOT) has issued a notice of proposed rulemaking (NPRM) titled "Enhancing Transparency of Airline Service Fees". The NPRM, which applies to airlines (both US and foreign) and ticket agents, is further to an executive order issued by President Biden in July 2021 addressing competition in the US economy. The executive order directs the DOT to consider a......
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Spaviatech Law | India | 7 Sep 2022

Passenger Name Record Information Regulations: new obligations for airlines

The Ministry of Finance recently released the Passenger Name Record Information Regulations, under which airlines must electronically communicate specific data to the approved customs system. The purpose of the regulations is to prevent, detect and investigate offences under the Customs Act.
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Cozen O'Connor | USA | 24 Aug 2022

Barriers to entry: FAA proposes to require flight deck physical secondary barriers on new aircraft

The Federal Aviation Administration (FAA) has issued a notice of proposed rulemaking to require that certain passenger aircraft be outfitted with "installed physical secondary barrier[s]" to further protect the flight deck from unauthorised intrusion. While there is widespread agreement regarding the importance of securing the flight deck, airlines and aircraft manufacturers would be well......
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Cozen O'Connor | USA | 17 Aug 2022

DOT issues proposed rule on airline ticket refunds

The Department of Transportation recently issued a notice of proposed rulemaking (NPRM), titled Airline Ticket Refunds and Consumer Protections. The NPRM, which applies to US and foreign airlines and ticket agents, proposes to primarily require refunds for cancelled or significantly changed flights and travel vouchers or credits to be offered to passengers who are unable or choose not to......
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Arnecke Sibeth Dabelstein | Germany | 13 Jul 2022

Decision on automated reimbursement of claims under EU Flight Compensation Regulation

The German Conference of Consumer Protection Ministers recently took place in Weimar, Germany. Agenda item No. 42 dealt with the possibility of automating air passenger complaints due to persistent deficiencies in the practical implementation of the EU Flight Compensation Regulation. The item resulted in a resolution, which reemphasised the statutory reimbursement period and requested the......
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Levitan, Sharon & Co | Israel | 6 Jul 2022

Exemplary damages under Aviation Services Law

Clause 11 of the Aviation Services Law 2012 (ASL) allows the court to award exemplary damages of up to 10,590 new Israeli shekels per passenger in cases where it finds that the operator has knowingly breached its main obligations under the ASL. In a recent judgment, the Lod District Court reversed the Rehovot Magistrates' Court decision to award exemplary damages to passengers in response to......
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