Airlines

Michael Wukoschitz's picture

USA: DHS not obliged to disclose air traveler security images

Submitted by Michael Wukoschitz on 19 January, 2011 - 16:33

The Electronic Privacy Information Center (EPIC) sued the federal government over the body scanner images taken at security checkpoints in airports. The center wanted the government to release images which were created to give officials at the Transportation Security Administration an idea of the effectiveness of its detection technology. The center thus wanted to determine how the technology would impact privacy and civil liberty concerns.

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German Supreme Court decides on international jurisdiction for claims under Reg. 261/2004

Submitted by Michael Wukoschitz on 19 January, 2011 - 10:29

Plaintiff sued for compensation under Reg. 261/2004 against a US carrier after his flight from FRA to the US had been cancelled due to a technical defect. First instance court (AG Frankfurt/Main) dismissed the claim because of lacking international jurisdiction. The appelate court (LG Fankfurt/Main) reversed the judgement and and granted the claim for which German courts had jurisdiction.

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Canada: Sabre law suit against IATA rejected

Submitted by Michael Wukoschitz on 17 January, 2011 - 16:55

The plaintiffs Sabre Inc. and Sabre International Inc. claimed damages and other relief from the International Air Transport Association (“IATA”) for breach of confidence, in respect of booking related data provided by Sabre to the Billing and Settlement Plan for Canada/Bermuda (“Canada/Bermuda BSP”) and to the other Billing and Settlement Plans (the “Other BSPs”) in other jurisdictions. The claim relates to PaxIS, an airline industry business intelligence product based in part on ticketing data that IATA collects and processes through its billing and settlement plans (BSP).

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Belgium: with regard to the limitation period for claims under Reg. 261/2004, national law applies

Submitted by Michael Wukoschitz on 12 January, 2011 - 13:03

After he was denied boarding on a flight from Zaventem/Belgium to Cairo on Sep 25, 2008, Adly Messiha sued TUI Airlines Belgium. The law suit was served on Jan 29, 2010, 16 months after the incident.

The claimant argued that the two years limitation period of the Montreal Convention applied while the defendant argued that the limitation period was determined by Belgian Law which provides for a one-year limitation period.

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Canada: extension the time for service of an originating process has no relvance to Warsaw Convention time limit

Submitted by Michael Wukoschitz on 12 January, 2011 - 11:49

Claimants issued a notice of action against  Ukraine International Airlines (UIA), and others regarding the destruction of documents contained in an Air France jet that overran the runway and caught fire at Pearson International Airport.  The notice of action was issued within the two-year limitation period.  However, the respondents were not successful in serving the claim on the appellant within the six-month period provided in Ontario’s Rules of Civil Procedure.

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USA: DOT sets deadline for proper online disclosure of codeshared flights

Submitted by Michael Wukoschitz on 11 January, 2011 - 14:03

The U.S. Department of Transportation’s (DOT) Aviation Enforcement Office provided guidance to airlines and ticket agents about the requirement for notifying passengers if a flight they are selling is being operated under a code-sharing arrangement.

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USA: American Airlines sues Sabre

Submitted by Michael Wukoschitz on 11 January, 2011 - 10:11

American Airlines (AA) filed a lawsuit in in Tarrant County Court, Texas, against Sabre. The lawsuit alleges that Sabre was biasing AA's services in all Sabre flight displays and thus violated the agreements between AA and Sabre and harmed AA, the travel agent community, and the traveling public.

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USA: airline not liable for accident at TSA security control

Submitted by Michael Wukoschitz on 5 January, 2011 - 15:46

Plaintiff went with her son to the American Airlines terminal at JFK airport, New York, to take a flight to the Dominican Republic. After she checked her baggage she went to the security checkpoint.  She presented her passport to a TSA employee at the checkpoint, but before going through the metal detector, plaintiff tripped over the upturned corner of a rug and fell forward, her arms, forehead and knees striking the floor.  After the fall, American employees and TSA personnel helped her into a chair, rolled up the rug and put it in a corner.

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USA: Air France fined for unlawful baggage liability disclaimer

Submitted by Michael Wukoschitz on 30 December, 2010 - 13:30

Air France agreed to pay a $100,000 penalty to the Department of Transportation (DOT) for improperly advising passengers that it was not responsible for valuable or fragile items in checked baggage. The disclaimer was in claer contradiction to the Montreal Convention, which prohibits airlines from denying liability for "any class or category" or items in checked baggage on international flights.

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Canada: Warsaw Convention applied on non-complinace with wheelchair request

Submitted by Michael Wukoschitz on 28 December, 2010 - 09:29

Plaintiff purchased a return ticket with Lufthansa in India for a flight from New Delhi to Toronto via Frankfurt. She stated that during the flight before arrival in Toronto, she had requested that Lufthansa should provide a wheelchair on arrival. The carrier was alleged to have not complied with this request and, as a result, plaintiff had to walk from the aircraft to the terminal.

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