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Cordato Partners | Australia, Canada, European Union, etc. | 18 Sep 2023
Should airlines pay compensation to passengers for delayed or cancelled flights in Australia?
In Europe and North America Airlines must pay compensation to passengers if their flight is delayed or cancelled if it is the airline's fault. But…
KaiRong Law Firm | China | 5 Jul 2023
Air carriers' notification obligations where flight is cancelled due to force majeure
In practice, flights can be cancelled due to various reasons, especially during a pandemic period, for the consideration of public safety. An air carrier's obligations regarding flight cancellation have long been issues of concern. Among other decisions, a judgment entered by the Guangzhou Intermediate People's Court in 2022 reminded air carriers of their notification obligations to......
Augusta Abogados | Spain | 24 May 2023
Entry into force of binding ADR in air transport claims
The Spanish State Aviation Safety Agency (AESA) has been accredited as an alternative dispute resolution (ADR) entity in the field of air transport. With this accreditation, the AESA will be responsible for the resolution of the new ADR procedure in claims brought in Spain that are based on the EU regulations on passenger protection. The new procedure will also now effectively enter into force.
Arnecke Sibeth Dabelstein | Germany | 17 May 2023
Aperol spritz is not "refreshing": court rejects reimbursement claim after flight delay
In cases of long flight delays, passengers are entitled to "meals and refreshments in reasonable relation to the waiting time" according to article 8 of the EU Flight Compensation Regulation. If the airline does not offer this in kind, passengers are – according to German jurisprudence – entitled to buy meals and beverages themselves, which the airline must reimburse. But are passengers also......
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......
Augusta Abogados | Spain | 1 Feb 2023
Latest updates on Spain's new ADR procedure for air passenger disputes
In March 2022, Order TMA/201/2022 was published in the Spanish Official Gazette, approving a new alternative dispute resolution procedure for air passenger claims in Spain. The Spanish Aviation and Safety Agency (AESA) is now in the final stages of implementing this new proceeding. Recently, the AESA organised a meeting to explain some of the mechanics and issues that airlines must take into......
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......
Arnecke Sibeth Dabelstein | Germany | 9 Nov 2022
Will passengers rights be extended to luggage time waiting limits in Germany?
🕑 1 minute In view of the sometimes-chaotic conditions at German airports, there has been discussion among politicians from various parties in Germany about extending passenger rights to include waiting times at baggage claims. However, such politicians have failed to consider the fact it has not yet been possible to replace the staff who left the industry during the covid-19 pandemic,......
Augusta Abogados | European Union, Spain | 2 Nov 2022
Extraordinary circumstances and knock-on effect in Spain
🕑 3 minutes Operations of air carriers in EU airspace are often disturbed by the knock-on effect that certain disruptions have on further operations planned for the same aircraft. Relevant legal and business grounds might support the inclusion of the knock-on effect in the next legislative review of the concept of extraordinary circumstances. This article reviews recent Spanish case law in......
Levitan, Sharon & Co | Israel | 26 Oct 2022
Who is an "organiser" under the ASL and when are exemplary damages applicable?
🕑 7 minutes The Petach Tikva Magistrates' Court recently denied a claim filed by 64 claimants after their flight from Tel Aviv, Israel, to France was delayed. The claimants had purchased their tickets for the flight from Skideal, a company that organises ski trips. The Court considered whether Skideal could be considered an "organiser" under the applicable law, whether the flight should be......
