Aviation

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Russia to become Member of the Montreal Convention

 Federal Law No. 52-FZ, published on April 4, 2017 will make Russia part of the Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention). The relevant amendments to the Russian Air Code are made by a separate Bill No. 28636-7.

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CJEU: a flight during which an unscheduled stopover took place cannot be regarded as cancelled

On Oct. 5, 2016 the Court of Justice of the European Union (CJEU) provided another clarification regarding the interpretation of Reg. (EC) No. 261/2004. The case involved an Bulgarian Air Charter flight from Burgas (Bulgaria) to Dresden (Germany). The flight departed as scheduled but made an unscheduled stopover in Prague which caused a delay in arrvial at Dresden of  2 hours and 20 minutes.

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CJEU Advocate General: bird strikes do not constitute 'extraordinary circumstances'

In an opinion delivered on July 28, 2016, CJEU Advocate General Bot has concluded that bird strikes do not fall within the extraordinary circumstances defence currently available to air carriers according to Article 5 para 3 of Reg. (EC) 261/2004. In the Advocate General's opinion, such incidents are inherent in the normal exercise of the activity of an air carrier and therefore not 'extraordinary'. Although an opinion of an Advocate Genrral is not binding to the Court but only advisory in nature, the judges in most cases follow the recommedations expressed therein.

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CJEU clarifies remdies for downgrading in air travel

In a recently published judgement, the European Court of Justice has clarfied the rules applying to downgrading of air passagners according to Reg. (EC) No 261/2004.

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U.S.A.: DOT fines airlines for not adequately responding to complaints of disabled passengers

The U.S. Department of Transportation (DOT) today fined Air France, Lufthansa, and British Airways for not adequately responding to complaints filed by passengers with disabilities.  Air France and Lufthansa were each fined USD 200,000 and British Airways was fined USD 150,000.  The airlines were also ordered to cease and desist from future similar violations.

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CJEU: employers can claim for damages under Montreal for their empolyees' flight delays

Upon request of the Lietuvos Aukščiausiasis Teismas (Supreme Court of Lithuania) in proceedings between Air Baltic Corporation AS (‘Air Baltic’) and Lietuvos Respublikos specialiųjų tyrimų tarnyba (Special Investigation Service of the Republic of Lithuania - ‘the Investigation Service’), the Court of Justice of the European Union has provided an interpretation of the Montreal Convention.

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CJEU Advocate General: National Enforcement Body must not take enforcement measures to pursue claims of individual air passengers

Upon reference for preliminary ruling lodged by the Dutch Raad van State (State Council), the Advocate General of the CJEU has delivered an opinion according to which Article 16 of the Air Passenger Rights Regulation 261/2004 only entrusts the National Enforcement Bodies (NEBs) with the task to secure general compliance with the Regulation but not to pursue individual claims. Individual claims should rather be pursued before the courts. A concurrent competence of courts and national Enforcment Bodies could lead to different interpretations of the Regulation and cause legal uncertainty.

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Argentina: new law requires airlines to provide gluten-free meals

According to a new Argentinian law (27,196), airlines are amongst institutions which must offer at least one gluten-free food choice. The law declares early detection, diagnosis and treatment of coeliac disease and access to gluten-free food a matter of national interest.

Source: Article by Elizabeth Mireya Freidenberg, published on http://www.internationallawoffice.com

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USA: DOT reminds airlines on their obligations regarding damaged baggage

Following a routine airport inspection at 16 airports nationwide in a two week period in September 2015, the U.S. Department of Transportation issued a notice reminding airlines that they are required to compensate passengers for damage to wheels, straps, zippers, handles, and other protruding parts of checked baggage beyond normal wear and tear.  The notice also reminds airlines of their obligation to accept all reports of mishandled baggage from consumers even if an airline’s agent believes the airline is not liable.

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Air carriers to stack passengers in aircrafts?

According to a report published on telegraph.co.uk, aircraft manufacturer Airbus has designed a mezzanine level for planes which would stack passengers above others. However, it is questionable, that the invention will ever make it past the design stage. To read the article which also contains sketches of the mezzanine level seating, see http://www.telegraph.co.uk/travel/travelnews/11914067/Airbus-designs-mezzanine-to-seat-plane-passengers-on-top-of-each-other.html

 

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