Brazilian courts to apply Montreal Convention, finally?

Michael Wukoschitz's picture

According to an article published on "Lexology", on May 25, 2017  the Brazilian Supreme Federal Tribunal has passed a judgement which acknowledges the application of the Montreal Convention in international air transport cases. Although Brazil is party to the Warsaw and the Montreal Convention which both provide for their exclusivity, Brazilian courts have been rather reluctant in applying these conventions and tended to give precedence to national law, in particular the Brazilian Consumer Defence Code. The new judgement which relates to passenger claims against Air France and Air Canada could change the situation and sound the bell for a full application of the Montreal Convention in Brazil.

For more details find the article by Alexandre Lima and Martyn Plaskett form Clyde & Co LLP here>>.

Case names: Sylvia Regina de Moraes Rosolem v Société Air France and Cintia Cristina Giardulli v Air Canada

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