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Yigal 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.
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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......
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Ganado Advocates | Austria, European Union | 6 Sep 2022

ECJ sheds light on the notion of ‘accident’ under the Montreal Convention

On 2nd June 2022, the European Court of Justice (the “ECJ”) delivered a preliminary ruling concerning the Convention for the Unification of Certain…
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Arnecke Sibeth Dabelstein | Germany | 10 Aug 2022

Where is the "airport of destination" under the Montreal Convention?

The Federal Court of Justice recently issued a ruling in a case concerning damage that had occurred to a passenger's baggage on a flight from Hahn, Germany, to Naples, Italy. The plaintiff had returned to Hahn after four days, having booked the outbound and return flights in a single transaction. Upon her return, she filed a legal action with the Simmern Local Court, which dismissed the claim......
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KaiRong Law Firm | China | 3 Aug 2022

Airline's liability for overbooking

Overbooking is quite common in the civil aviation industry. In the case discussed in this article, the Shanghai First Intermediate People's Court discussed an airline's liability for overbooking in detail, including the scope of compensation, whether overbooking constitutes fraud under Chinese law and the airline's notification obligation.
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WeirFoulds LLP | Canada | 25 May 2022

Canadian Transportation Agency grants (conditional) limited exemption from accessible transport regulations

The Canadian Accessible Transportation for Persons for Disabilities Regulations (ATPDRs) set out requirements for transport service providers, including air carriers, for the purpose of removing barriers from the federally regulated transport network. After the ATPDRs came into effect in June 2020, a number of airlines brought a joint application to the Canadian Transportation Agency for an......
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KaiRong Law Firm | China | 25 May 2022

Where is the place of destination in an international air round trip?

According to the Unification of Certain Rules for International Carriage by Air (the Montreal Convention), a court at the place of destination has jurisdiction over action for damages arising out of international air carriage. However, there is no clear definition of "destination" in the Montreal Convention. This article discusses how to understand the place of destination in an international......
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Levitan, Sharon & Co | Israel | 16 Feb 2022

Court rules that exclusive cause of action under Montreal Convention also applies to air carrier's agent

The Petah Tikvah Magistrate Court recently dismissed a claim filed against DHL (Israel) Ltd, applying the principle of the exclusive cause of action set by the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention), on the grounds that the plaintiff had failed to send a letter of protest within the timeframe of 21 days set out by the......
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Odi-se Avocats | France | 19 Jan 2022

Implementation of EU aviation regulation into French law

Certain EU regulations in relation to aviation have now been passed into French law. These include procedures for monitoring air crew to ensure their capacity to conduct flights, changes to air safety (particularly to the operation of aircraft) and the liability of air carriers performing free-of-charge flights.
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Cordato Partners | Australia | 5 Dec 2021

Must airlines compensate minor in-flight injuries?

Baggage falling from an overhead locker is one of the five most common causes of injuries to passengers in-flight, the others being turbulence…
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