Latest updates

What is considered an 'accident' under Montreal Convention?
Levitan, Sharon & Co
  • Israel
  • December 13 2017

The Tel Aviv Magistrates Court recently declined a passenger's claim for bodily injury damages after it concluded that the event which was the subject matter of the claim was not considered to be an 'accident' as defined by the Montreal Convention. The plaintiff had filed a claim against El Al, arguing that he had been injured after eating a cake served to passengers.

Unaffected flights cannot be used in calculation of compensation payments
Arnecke Sibeth
  • Germany
  • December 06 2017

A recent Erding Local Court case called into question the distance that must be taken into consideration when calculating compensation according to Article 7(1) of EU Regulation 261/2004. The court interpreted Article 7 in line with settled case law and held that only the disrupted flights that had affected the overall delay of the passenger should be included in the calculation of the distance. Therefore, where a reservation consists of several flights, these are to be considered separately.

Switzerland and European Union to link emissions trading systems
Baumgartner Mächler
  • Switzerland
  • December 06 2017

In order for Switzerland and the European Union to recognise each other's emission allowances through a bilateral agreement, Switzerland is planning to include aviation in its existing emissions trading scheme (ETS) and to link the Swiss and EU ETS. The agreement is scheduled to be signed by the end of 2017, provided that ratification is agreed by the EU and Swiss Parliaments. Once the link between the EU and Swiss ETS is operational, prices for emission allowances should converge.

No compensation for rescheduling airway slot
Arnecke Sibeth
  • Germany
  • November 29 2017

In a recent case, the Cologne Regional Court ruled that if the flight in question was delayed due to a Eurocontrol rescheduling of its airway slot, passengers had no right to compensation pursuant to EU Regulation 261/2004, irrespective of whether the rescheduling was based on reasons which, when considered individually, would result in extraordinary circumstances.

Making Nigeria a travel hub
George Etomi & Partners
  • Nigeria
  • November 22 2017

The Nigerian aviation industry has the potential to contribute in excess of 5% to the nation's gross domestic product and support over 1 million jobs. Nigeria's recent achievements and Level 3 rating in the state safety programme implementation process have positioned the country to become a travel hub. However, the inherent challenges facing the industry must be addressed before this status can be achieved.

Italian case law upholds that hidden manufacturing defect is an extraordinary circumstance
Studio Pierallini
  • Italy
  • November 22 2017

The most recent Italian case law has upheld the European Court of Justice's interpretation of EU Regulation 261/2004 in Wallentin-Hermann and Van der Lans by qualifying a hidden manufacturing defect as an 'extraordinary circumstance' under the meaning of Article 5(3) of the regulation and rejecting passenger claims for compensation under Article 7 of the regulation.

Consumer associations file collective action regarding airport fees
Freidenberg Freidenberg & Lifsic
  • Argentina
  • November 01 2017

Two Argentine consumer associations recently filed a collective action against the majority of airlines operating in Argentina in defence of passenger rights. The claimants alleged that the carriers should reimburse the difference between the airport fee paid by passengers in 2016 when their tickets were issued for flights in 2017 and the new airport fee, which was reduced from January 1 2017.

Will Berlin Tegel Airport remain open?
Arnecke Sibeth
  • Germany
  • October 18 2017

A recent non-binding referendum asked Berlin citizens whether they should demand that the Senate give up its closure intentions and take all measures necessary to ensure the indefinite operation of Berlin Tegel Airport. The vote indicates that approximately 56% of Berliners voted 'yes' and support keeping Tegel open. Local politics must now find a way to deal with Berlin's wish to maintain two airports.

Interpretation of cancelled flight under Aviation Services Law
Levitan, Sharon & Co
  • Israel
  • October 11 2017

The Rehovot Magistrate Court recently ruled that a flight that had departed on time, but been forced to return to the point of departure following a five-hour flight due to technical malfunctions, was a cancelled flight in accordance with the Aviation Services Law. Although there is no binding precedent, the courts have – in lower-instance decisions concerning the law – applied it in cases where the circumstances did not meet the literal interpretation of the law regarding cancelled flights.

Changes to flight attendant manuals must have reasonable basis
Bersenas Jacobsen Chouest Thomson Blackburn LLP
  • Canada
  • October 11 2017

The minister of transport recently appealed a judicial review brought by the Canadian Union of Public Employees. At issue was a change in Sunwing's operating procedures relating to its staffing of flight attendants and whether the change would compromise the safety of passengers and crew members. The Federal Court concluded that ministerial approvals under the Canadian Aviation Regulations require a substantive review of the safety implications of a request, which did not occur in this case.

Royal decree on passenger name record data enters into force
HFW
  • Belgium
  • October 04 2017

In the aftermath of the numerous terrorist attacks in the European Union, EU member states agreed that additional measures were needed regarding the use of passenger name record data. Belgium has implemented a legal framework for passenger name record data based on EU legislation. It is hoped that the framework will enable all actors to achieve the main aim of fighting terrorist threats and serious crime.

The case for developing a policy and regulatory framework for business aviation
George Etomi & Partners
  • Nigeria
  • September 27 2017

The Nigerian business aviation industry has the potential to expand significantly as the economy grows and diversifies, but some issues must be addressed in order to maximise results. As such, the business aviation industry needs an effective policy that will harness its potential and attract more foreign investment, as well as address safety and national security concerns.

No compensation for cancellation after re-routing
Arnecke Sibeth
  • Germany
  • September 20 2017

The Dusseldorf Local Court recently decided that passengers do not have a right to compensation if, according to the meaning of Articles 7(2) and 8 of EU Regulation 261/2004, an alternative flight is cancelled. The court argued that the regulation differentiates between a 'flight' as subject of the transportation contract and an 'alternative flight' as a measure of assistance. Consequently, the cancellation or delay of an alternative flight gives no right to compensation.

ECJ upholds passengers' rights over additional fees
Arnecke Sibeth
  • Germany
  • September 06 2017

The Berlin Regional Court recently upheld the application of a private German association for the advancement of consumer rights, which claimed that a German air carrier's online booking system had violated EU Regulation 1008/2008. Following the dismissal of the appeal brought by the carrier before the Berlin Upper Regional Court, the airline lodged a remedy of review before the Federal Court of Justice, which stayed the proceedings and referred the case to the European Court of Justice for a preliminary ruling.

Necessary regulation or the government droning on?
Vedder Price LLP
  • United Kingdom
  • August 23 2017

The Department for Transport recently published its response to a public consultation concerning the safe use of unmanned aircraft systems in the United Kingdom. Both in the consultation and the response, it is clear that the government's focus is on ensuring safety, particularly relating to operational issues in the leisure market. However, the response also provides insight into the direction of the government's policy as it affects commercial operators and its determination to develop world-class systems.

Civil Aviation Regulations 2015 – an overview
George Etomi & Partners
  • Nigeria
  • August 16 2017

The Civil Aviation Regulations were first promulgated in 2006 in order to establish national requirements that align with the Civil Aviation Act 2006. The regulations were most recently amended in 2015, following a review by the Nigerian Civil Aviation Authority which aimed to align the regulations with recent amendments to the standard and recommended practices contained in the Chicago Convention on International Civil Aviation and industry observations.

Montreal Convention prevails over local law on limitation period
Levitan, Sharon & Co
  • Israel
  • August 09 2017

The Jerusalem Magistrates Court recently dismissed a claim for bodily injury caused to a passenger during a flight, as the claim had been filed more than two years after the plaintiff had reached his destination. The court referred to the Montreal Convention and the Carriage by Air Law, which provide that the right to a claim will be extinguished after a two-year period, despite the local Limitation Law providing a seven-year limitation period from the date of an admission of liability.

Modernising the Aeronautical Registry: electronic filing now available
Basch & Rameh
  • Brazil
  • August 09 2017

For the past few months, the Brazilian Aeronautical Registry has experimented with a new electronic filing system that allows parties to file documents electronically 24 hours a day, seven days a week. This system is now operative for documents relating to commercial aircraft. Documents relating to private aircraft, business aircraft and helicopters are still being filed physically. The new electronic system is expected to become available to them during the second half of 2017.

Credit card surcharges for flight bookings banned
Arnecke Sibeth
  • Germany
  • August 09 2017

Parliament recently passed an act incorporating the EU Payment Services Directive into German law. In line with the development of cashless currency being among the most frequently used payment methods, the act was passed to facilitate the use of electronic payment methods. To achieve a level playing field for all market participants, the act will also have a considerable impact on the aviation industry. Nowadays, online bookings via credit card are airlines' daily business.

IATA – new restrictions for air transport of lithium batteries
  • International
  • July 26 2017

The International Air Transportation Association (IATA) Dangerous Goods Regulations – the only standard recognised by airlines – contain the globally applicable provisions for shipping dangerous goods by air. A violation of the regulations might lead to criminal proceedings and infringements are a notifiable fact to be reported to the competent authority. In order to assist shippers in understanding the complete requirements, IATA has prepared the Lithium Battery Shipping Guidelines.

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