Aviation updates

International

COVID-19 Weekly Report (25-31 May 2020)
International Law Office
  • International
  • 01 June 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

COVID-19 Weekly Report (18-24 May 2020)
International Law Office
  • International
  • 25 May 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

COVID-19 Weekly Report (11-17 May 2020)
International Law Office
  • International
  • 18 May 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

COVID-19 Weekly Report (4-10 May 2020)
International Law Office
  • International
  • 11 May 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.

COVID-19 Weekly Report (27 April-3 May 2020)
International Law Office
  • International
  • 04 May 2020

The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.


Israel

Contributed by Levitan, Sharon & Co
Direct flight to final destination instead of delay in first segment not considered cancelled flight
  • Israel
  • 04 March 2020

The Tel Aviv District Court recently approved an appeal filed by Ukraine International Airlines and determined that the provision of alternative flight tickets resulting in a delay of less than eight hours following a delay in the first segment of a journey did not constitute the cancellation of a flight under the Aviation Services Law. The decision overturned a Small Claims Court decision and provides clarity on the meaning of a 'cancelled flight' under Israeli law.

Lightning damage to aircraft on incoming flights – Aviation Services Law special circumstances
  • Israel
  • 13 November 2019

In most cases, flights are operated by aircraft that arrive at an airport from a previous flight. As such, flights are sometimes delayed or cancelled due to a delay or cancellation of the previous flight. The Tel Aviv District Court recently denied a motion for leave to appeal filed by a passenger whose claim regarding the cancellation of his flight due to lightning damage to the aircraft which had occurred during the previous flight was denied by the Tel Aviv Small Claims Court.

What is considered a cancelled flight under the Aviation Services Law?
  • Israel
  • 14 August 2019

The Small Claims Court recently rejected two passengers' claim that their flight should be considered a cancelled flight under the Aviation Services Law. The case examined whether an airline should pay compensation for a missed connecting flight when passengers book two flights from the same company with a short connection time.

Courts underline passengers' duty to arrive at departure gate on time
  • Israel
  • 29 May 2019

Under the Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), passengers who are denied boarding are entitled to compensation. However, in two recent district court judgments concerning passengers that were denied boarding, the courts found that passengers must arrive at the boarding gate on time. As this duty had not been fulfilled in either case, the airlines were not obliged to pay compensation.

When are technical malfunctions considered special circumstances?
  • Israel
  • 27 February 2019

The Beit Shean Small Claims Court recently declined a claim for compensation under the Aviation Services Law due to a delayed flight. The plaintiff had booked a return flight from Tel Aviv to Amsterdam with Arkia Airlines, which arrived in Amsterdam late after a nine-and-a-half-hour delay due to a technical fault. The court dismissed the claim and found that Arkia had proved that the technical malfunction had been caused by a fault in the aircraft's wing shelving, which had been beyond the airline's control.


Italy

Contributed by Studio Pierallini
Supreme Court ruling on airport handling liability
  • Italy
  • 19 August 2020

The Supreme Court recently issued an important ruling on the liability and indemnity for damages caused during the supply of airport ground-handling services to airlines. The case originated from an accident suffered by a Boeing 767 aircraft operated by an Italian carrier at Verona Airport whose right wing hit the sliding gate of the hangar – where the aircraft was being recovered – during the towing phase conducted by one of the handling provider's trucks.

Additional COVID-19 measures introduced for aviation industry
  • Italy
  • 13 May 2020

The government recently introduced additional measures to tackle the COVID-19 pandemic. A number of specific rules were introduced for the transport of airline passengers which must be complied with by airlines and airports to contain the spread of COVID-19 in Italy. The new rules will be in force until 17 May 2020, but they remain subject to extension or amendments in light of the continuously evolving scenario.

Government measures to mitigate effects of COVID-19
  • Italy
  • 22 April 2020

This article provides an overview of measures which the government has implemented over the past month to mitigate the effects of the COVID-19 pandemic with regard to airports, air carriers, passenger claims and drones. As airlines have had to significantly reduce flights and many airports have been temporarily closed, the pandemic has had significant adverse effects for stakeholders at all levels.

Supreme Court decision on scope of Montreal Convention
  • Italy
  • 18 March 2020

The Supreme Court recently found that for gratuitous carriage not performed by an air transport undertaking, damage compensation rights do not expire within the two-year limitation period established by Article 35 of the Montreal Convention. In other words, when the relationship between parties is not regulated by a contract, the general principle of neminem laedere (ie, general duty of care) applies. As a result, the ordinary time-bar rules for liability in tort apply.

ENAC approves new drone regulation
  • Italy
  • 15 January 2020

The Italian Civil Aviation Authority (ENAC) recently approved a new drone regulation which will ease the transition to the EU Basic Regulation. Although EU legislation has already outlined a clear picture of the rules that will be definitively operational in the next few years, ENAC's regulation aims to safeguard the prerogatives and rights acquired by operators in the period before the EU drone legislation enters into force.


Malaysia

Contributed by SKRINE
No holidays for the sick: functions and powers of aviation regulators during COVID-19 pandemic
  • Malaysia
  • 09 September 2020

In the midst of the COVID-19 pandemic and in a move to boost economic activity through medical tourism in Malaysia, the government has announced that it will partially reopen Malaysia's borders to medical tourists from designated green zone countries (eg, Brunei, Singapore, South Korea, Japan, Australia and New Zealand), allowing them to fly in via commercial or chartered flights.

High court dismisses airlines' application for judicial review of penalty imposed by aviation regulator
  • Malaysia
  • 12 August 2020

The Kuala Lumpur High Court recently dismissed an application by AirAsia Berhad and its long-haul sister airline, AirAsia X Berhad, for leave to commence judicial review proceedings against a financial penalty imposed by the Malaysian Aviation Commission (MAVCOM). This was the first time that an airline had sought to challenge a penalty imposed by MAVCOM.

Weathering COVID-19: aviation regulators' measures to aid aviation operations
  • Malaysia
  • 29 July 2020

On 7 June 2020 the government announced that Malaysia's Movement Control Order would enter a 'recovery phase' beginning on 10 June 2020 and ending on 31 August 2020. As a result, the Malaysian Aviation Commission and the Civil Aviation Authority of Malaysia recently introduced measures to ease the administrative and regulatory challenges faced by the aviation industry during the Recovery Movement Control Order period.

Game of drones
  • Malaysia
  • 22 July 2020

Drone technology is developing fast and drone popularity is growing even faster. It is crucial that drone regulations keep up to speed by undergoing periodic updates and amendments. The time is right for a comprehensive update to the rather limited drone rules in the Civil Aviation Regulations. It is also hoped that both the Civil Aviation Authority of Malaysia and the Ministry of Transport will keep a close eye on the development of other aeronautical projects such as the flying car.

High court issues key judgment for aviation service providers
  • Malaysia
  • 01 July 2020

In July 2019 the Kuala Lumpur High Court awarded a summary judgment for a combined sum exceeding RM40 million for unpaid passenger service charges in three civil suits brought by Malaysia Airports Sdn Bhd against AirAsia Berhad and AirAsia X Berhad. The recently released written grounds of judgment for this matter have provided welcome clarification on several important issues for providers of aviation services.


Maldives

International obligations in aircraft accident investigations
Mazlan & Murad Law Associates
  • Maldives
  • 18 March 2020

The Maldives looks set to establish an independent authority to oversee the Civil Aviation Authority regarding civil aircraft accidents and incidents. It will also establish legally enforceable mechanisms to empower investigation officers and obtain evidence relating to accidents and incidents. Accident reporting will be mandatory for aircraft operators and pilots. These are just some of the basic principles that the Maldives must adopt in order to maintain its international obligations under the Chicago Convention.

Why the Maldives should ratify the Cape Town Convention and Aircraft Equipment Protocol
Mazlan & Murad Law Associates
  • Maldives
  • 06 November 2019

If the Maldives ratifies the Cape Town Convention on International Interests in Mobile Equipment and the Aircraft Equipment Protocol 2001, it is likely to have a direct and positive effect on airlines, passengers and the Maldives economy as a whole. For example, if borrowing costs reduce, this would pave the way for the acquisition of new modern aircraft with less fuel consumption – ultimately enabling airlines to pass on the benefits to passengers in the form of reduced travel costs.

Passenger rights
Mazlan & Murad Law Associates
  • Maldives
  • 26 June 2019

Since Maldivian law contains no compulsory terms and conditions for domestic air carriage, air carriers are free to determine the conditions of carriage. As long as such terms do not violate any other Maldivian laws, they are valid and binding between passengers and consignees. Therefore, it is essential for passengers and consignees to understand the conditions of carriage and their rights in case of an accident, damage or loss of passengers or cargo.

Application of international air law treaties in the Maldives
Mazlan & Murad Law Associates
  • Maldives
  • 03 April 2019

The Constitution provides that any international treaty to which the Maldives becomes a party will be enforced only on Parliament's approval and in accordance with any conditions of such approval. Among others, the Maldives has ratified the Convention on International Civil Aviation and the Convention on the International Recognition of Rights in Aircraft. Further, there have been talks about implementing legislation to govern the rights of domestic air passengers.