Amid tumultuous Brexit developments, the Swiss and UK authorities recently signed a new bilateral air transport agreement to ensure the continuation of flights between the two countries post-Brexit. Switzerland can apply the new agreement provisionally, pending its entry into force following an exchange of diplomatic notes confirming each country's fulfilment of internal procedures for committing to the agreement. The Swiss government may finalise the new agreement without prior parliamentary approval.
While many legal issues surrounding the recent JU-Air Junkers Ju-52 crash have yet to be determined by the Swiss Transportation Safety Investigation Board, claims for passenger deaths will be governed by the EU-Swiss Air Transport Agreement. The agreement extends the scope of the liability provisions of the Montreal Convention for passenger deaths to domestic carriage by Community air carriers and requires advance payments to cover the victims' families' immediate economic needs after an accident.
The General Court recently annulled the European Commission's rejection of a request by Lufthansa and Swiss International Air Lines to waive their fare commitments. The judgment clarifies the standard of review regarding assessments of requests for a waiver of merger commitments and is a reminder that, by virtue of the 1999 EU-Switzerland Air Transport Agreement, EU institutions have jurisdiction to assess competition concerns on air routes relating to the non-EU member state Switzerland.