Aviation, Israel updates

Duty to file complaint for baggage delay within period set by Montreal Convention
Levitan, Sharon & Co
  • Israel
  • February 28 2018

The Jerusalem Small Claims Court and the Netanya Small Claims Court both recently dismissed compensation claims for baggage delays, as the passengers did not comply with the Montreal Convention, according to which a complaint must be submitted within 21 days from the date of receipt of the baggage. However, the latter court ordered the airline to cover the plaintiffs' expenses, holding that the plaintiffs had clearly approached the court in good faith and that the airline's conduct had been inappropriate.

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.

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.

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.

Skyfail: technical malfunction which delayed flight considered special circumstances
Levitan, Sharon & Co
  • Israel
  • May 17 2017

Since 2012 various lower court judgments have held that technical malfunctions which cause delays or cancellations to flights are not considered 'special circumstances' which exempt the carrier from paying the monetary compensation set by the Aviation Services Law. However, the Netanya Small Claims Court recently denied a claim and determined that a technical malfunction in an aircraft which caused a flight delay constituted special circumstances.

Montreal Convention does not apply to internal flight in Spain
Levitan, Sharon & Co
  • Israel
  • January 04 2017

The Petach Tikva Small Claims Court recently held that the Montreal Convention did not apply to an internal flight between two destinations in Spain, and that an Israeli court had jurisdiction to hear the claim. The court held that the convention does not apply in the case of an internal flight where the place of departure and destination are in the same country.

Compensation for flight downgrade under Aviation Services Law
Levitan, Sharon & Co
  • Israel
  • June 08 2016

The Tel Aviv Magistrate Court recently dismissed a claim based on the Aviation Services Law 2012 for compensation due to a downgrade in respect of a flight ticket purchased with flight points. The court addressed significant issues in its decision, including the right to compensation for passengers who did not pay for their flight ticket and whether full or partial compensation should be paid for a downgrade on only one flight segment.

Severe weather conditions constitute special circumstances under Aviation Services Law
Levitan, Sharon & Co
  • Israel
  • March 23 2016

The Tel Aviv Small Claims Court recently ruled that the cancellation of a flight due to severe weather conditions constituted special circumstances under the Aviation Services Law and rejected passenger claims against Delta Airlines. The law provides that passengers are ineligible for financial compensation if an operator can prove that a flight cancellation was due to special circumstances beyond its control.

Service of claim against foreign defendant through local representative
Levitan, Sharon & Co
  • Israel
  • December 23 2015

A recent district court decision approved a third-party notice filed against Cessna Aircraft Company (a US company) through Kamor Aviation Ltd, its representative in Israel. The decision concerned a claim filed against the Civil Aviation Authority, FN Aviation and others following a fatal accident involving a Cessna aircraft and whether Kamor was authorised to receive court documents on behalf of Cessna in Israel.

Exclusive claim under Montreal Convention and claims against third parties
Levitan, Sharon & Co
  • Israel
  • September 02 2015

The Tel Aviv Magistrates Court recently declined a motion to dismiss a claim (with prejudice) filed against the Israel Airport Authority for bodily injury caused to a plaintiff while disembarking an aircraft. The court analysed whether the exclusive claim provision set by the Montreal Convention prevented an injured party from filing a claim against other third parties.

Implementation of Warsaw Convention in case of bodily injury
Levitan, Sharon & Co
  • Israel
  • June 24 2015

The Tel Aviv Magistrate Court recently ordered Continental Airlines to compensate a passenger for bodily injuries sustained while on board one of its aircraft. The court held that the accident occurred due to an unexpected event external to the plaintiff, and therefore lifted the plaintiff's burden to prove that it was compensable damage as defined in Article 17 of the Warsaw Convention.

El Al ordered to indemnify passenger for injuries sustained during take-off
Levitan, Sharon & Co
  • Israel
  • April 22 2015

The Tel Aviv Magistrate Court recently handed down judgment in Arie Goldman v El Al Airlines and obliged El Al to indemnify the plaintiff for bodily injuries sustained during take-off. El Al denied liability based on Article 21 of the Warsaw Convention and argued that the plaintiff should bear total liability as he acted contrary to the airline's instructions.

Court rules that mental anguish is not recoverable under Montreal Convention
Levitan, Sharon & Co
  • Israel
  • January 14 2015

The Ramle Magistrates Court recently accepted part of a claim filed against El Al Israel Airlines for direct damages sustained as a result of the late arrival of baggage. However, the court rejected the plaintiffs' claim for mental anguish caused by the delay under the terms of the Montreal Convention.

Dispute over payment for excess baggage
Levitan, Sharon & Co
  • Israel
  • October 08 2014

The Magistrates Court of Kiryat Gat recently handed down a judgment in Svetlana Podvinski v EL AL Airlines. The court ordered EL AL to compensate a passenger who had refused to pay for 9 kilograms of overweight baggage and, as a result, remained in Belarus until she found an alternative flight one week later.

Limitation and extinguishment in court rulings
Levitan, Sharon & Co
  • Israel
  • June 11 2014

In recent judgments handed down by two small claims courts in Tel Aviv and Hakrayot, the courts accepted the defendants' argument that claims filed against them were time barred. In the second case the court stated that the two-year limitation period is absolute and cannot be changed based on the circumstances detailed in the General Limitation Law, as this may alter the limitation period for filing claims.

Is cancellation of domestic flight cause for mental anguish claim?
Levitan, Sharon & Co
  • Israel
  • February 26 2014

A petty claims court recently awarded a plaintiff compensation for mental anguish, even though no direct losses were proven. The court stated that on certain occasions it is appropriate to award damages for mental anguish to passengers – for example, when declining such compensation would lead to unjustified enrichment of the carrier or would frustrate the object of the law and the Montreal Convention.

Court finds technical malfunction not special circumstance for exemption
Levitan, Sharon & Co
  • Israel
  • November 20 2013

Since the law on the assistance and compensation given to passengers whose flights are delayed or cancelled came into force last year, the Israeli courts have dealt with a number of claims based on its provisions. In one such case, the judge examined the basis for the special circumstances under which an air carrier will be exempt from paying compensation to passengers following a flight delay.

Court declines Virgin Atlantic's forum non conveniens request
Levitan, Sharon & Co
  • Israel
  • July 24 2013

The Magistrates Court of Tel Aviv recently declined Virgin Atlantic's request to stay the proceedings against it and rejected its argument that the Israeli court was not the appropriate forum to hear a claim filed against it by Israeli citizens. Virgin Atlantic had argued that according to the 'majority of links' test, the claim should be heard in London; the plaintiffs instead argued that most of the ties connected the claim to the Israeli court.

Court finds negligence does not constitute cause of action
Levitan, Sharon & Co
  • Israel
  • May 22 2013

The Magistrates Court of Tel Aviv recently stated that negligence did not constitute a cause of action under the Warsaw Convention and the Carriage by Air Law. The court accepted the argument that the "occurrence which caused the damage" took place while the shipment was no longer under the control and supervision of the carrier. The case centred on failure to store a shipment under refrigeration while awaiting collection.

Court reconfirms payment for leasing counts as 'reward' under Warsaw Convention
Levitan, Sharon & Co
  • Israel
  • February 27 2013

The Tel Aviv District Court was recently requested to reconsider a case involving the application of the Warsaw Convention when interpreting the term 'for reward' in relation to the crash of a helicopter that had been leased. On hearing the additional evidence presented by the parties, the court concluded that the Warsaw Convention was indeed applicable to the flight and dismissed the claim as time barred.

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