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Fox Williams LLP | United Kingdom | 19 Jul 2023
Aviation consumer policy reform: the DfT response
The Department for Transport (DfT) has published its response to the aviation consumer policy reform consultation which it launched back in January…
Levitan, Sharon & Co | Israel | 10 May 2023
Court rules in favour of insurer and provides guidance on article 31 of Montreal Convention
A common global issue raised in cases of baggage and cargo delay relates to the requirement set by the Montreal Convention according to which a complaint must be submitted in writing to the carrier within the specified time limits. After Harel Insurance Co Ltd filed a subrogation claim against DHL due to damage caused to its insured's cargo, the Tel Aviv Magistrates Court interpreted article......
Penningtons Manches Cooper LLP | Austria, European Union | 16 Mar 2023
Do psychological injuries now fall within the meaning of Article 17(1) of the Montreal Convention?
Historically, an airline has not been liable for a psychological/psychiatric injury sustained by passengers. The courts have previously adopted a…
WeirFoulds LLP | Canada | 8 Mar 2023
Court holds that Montreal Convention's exclusivity principle does not invalidate Canada's Air Passenger Protection Regulations
In December 2022, the Federal Court of Appeal largely rejected a challenge to Canada's Air Passenger Protection Regulations (APPR) brought by airlines and airline associations. In part, the Court ruled that the Montreal Convention's "exclusivity principle" does not bar the APPR provisions that require airlines to pay monetary compensation to passengers whose international flights are delayed......
KaiRong Law Firm | China | 22 Feb 2023
Is an air carrier liable if a passenger dies from natural causes while on a flight?
Article 17 of the Montreal Convention 1999 covers an air carrier's liability for the death and injury of passengers. The question thus arises: what is the definition of "accident" under this article? For example, is an air carrier liable if a passenger dies of natural causes while on a flight? The Beijing Third Intermediate People's Court answered these questions in a recent case.
Levitan, Sharon & Co | Israel | 4 Jan 2023
Court provides guidance on exclusive cause of action under Montreal Convention and ASL
🕑 5 minutes The Lod Central District Court recently examined the relationship between the Montreal Convention 1999 and the Aviation Services Law 2012 (ASL). In doing so, it struck out various causes of actions that did not derive from the ASL in a motion to certify a class action against El Al Airlines Ltd. This ruling provides some clarity on the potential exposure for airlines in relation......
KaiRong Law Firm | China | 7 Dec 2022
Article 35 of Montreal Convention 1999: different interpretations by Chinese courts
🕑 4 minutes Different courts interpret the provisions of the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) differently, which may result in varying outcomes. Article 35 of the Montreal Convention is one of its most controversial provisions – it is unclear whether national law can decide on whether to suspend, interrupt or extend the two-year......
Arnecke Sibeth Dabelstein | Germany | 2 Nov 2022
No multiple exhaustion of maximum liability limit in case of loss of shared luggage of more than one traveller
🕑 4 minutes The Regional Court of Stuttgart recently decided that air carriers are only liable for lost baggage to the maximum limit of special drawing rights, regardless of how many passengers' items the lost baggage contained. The Court's decision is particularly welcome with regard to the fair balance of interests: a repeated exhaustion of the maximum liability limit would burden air......
Arnon, Tadmor-Levy | Israel | 4 Oct 2022
Supreme Court rules non-monetary losses are recoverable under Montreal Convention 1999
Can courts award compensation under the Montreal Convention 1999 for non-monetary damages sustained following the late arrival of passengers' baggage? Or does article 29 of the Montreal Convention limit the liability of airlines to monetary damages caused by the delay? The Supreme Court has now resolved this topic that has been the cause of contradictory rulings in the lower courts.
Arnecke Sibeth Dabelstein | Germany | 21 Sep 2022
Passengers denied compensation for air conditioning fault on board aircraft
The Court of Appeal Frankfurt am Main recently issued a decision regarding a claim for pain and suffering after a flight was delayed and the air conditioning system failed while passengers were waiting at the gate in the aircraft. The family stated that the temperature had reached over 50 degrees Celsius on board and that the air was very difficult to breathe. However, the Court held that......
