Montreal Convention

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CJEU clarifies jurisdiction for claims based on Air Passenger Rights Regulation and Montreal Convention

Submitted by Michael Wukoschitz on 8 November, 2019 - 15:27

Following a delay of flights operated by easyJet the applicants in the main proceedings, who are domiciled in Rome (Italy), brought an action before the Tribunale ordinario di Roma (Rome District Court, Italy) seeking an order that easyJet pay the compensation referred to in Articles 5, 7 and 9 of Regulation No 261/2004 and compensate for further material damage and non-material damage resulting from easyJet Airline’s failure to fulfil its contractual obligations.

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Lost/Damaged Baggage and Montreal Convention

Submitted by Michael Wukoschitz on 8 November, 2019 - 15:03

In Naeini v Air Canada, 2019 ONSC 1213, the Ontario Superior Court of Justice ruled that a claim can be made for lost/damaged baggage under Article 22(2) of the Montreal Convention by anyone able to prove that his/her baggage was checked with the carrier, regardless who checked it, and regardless the name on the lost bag's tag.

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Australian Court: air carrier not liable under Montreal for faint on board the aircraft

Submitted by Michael Wukoschitz on 22 October, 2019 - 10:34

The plaintiff was a passenger on Emirates Flight EK 407 from Melbourne to Dubai departing Melbourne on the evening of 15 March 2015. Some hours into the flight, feeling nauseous shortly after the first meal service, she got up from her seat to go to the bathroom. At the bathroom doorway she fainted, fracturing her right ankle in the fall. She says that the reason for her faint was that she was dehydrated. Although she had asked for water on the plane it had not been provided. She sued the defendant seeking damages for her injuries.

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IFTTA Law Review 3-2018 online

Submitted by Michael Wukoschitz on 23 January, 2019 - 16:09

With a short delay, the last edition of the IFTTA Law Review 2018 is now available in the members area of the website. Prefaced by an editorial by Enrique Mota Flores, it contains articles on the liability of tourism intermediaries in Brazil (Rafael Viana) and the relation between European Passenger Rights and the Montreal Convention (Michael Wukoschitz).

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Austrian Supreme Court lodges request for CJEU preliminary ruling on Montreal Convention

Submitted by Michael Wukoschitz on 23 August, 2018 - 17:05

According to Article 17 of the MC, an air carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. In Saks v Air France, the US Supreme Court has defined the term "accident" as "an unexpected or unusual event or happening that is external to the passenger" and caused the injury.

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German Supreme Court (BGH) decides on air carrier liability for passenger fall on boarding bridge

Submitted by Michael Wukoschitz on 21 November, 2017 - 16:41

The claimant was about to embark for his flight from Düsseldorf to Hamburg on Feb. 9, 2013, when he slipped on the boarding bridge because of a wet floor caused by condensation. As a result he suffered from a fracture of his patella. He filed a claim for damages against the defendant air carrier. The first instance court (LG Düsseldorf) dismissed the claim and the appelate court (OLG Düsseldorf) confirmed this decision: according to the Montral Convention, the air carrier was only libale for accidents caused by a hazard which was characteristic for aviation.

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U.S. Court: mental anguish compensable under Montreal Convention if it results from an accident that also caused bodily injury

Submitted by Michael Wukoschitz on 26 September, 2017 - 07:53

Plaintiff Jane Doe and her eleven-year-old daughter flew aboard Etihad Airways from Abu Dhabi to Chicago. When she stuck her hand into the seat pocket in front of her, she was unexpectedly pricked by a hypodermic needle that lay hidden within. The needle drew blood from her finger.  Doe was prescribed medication for possible exposure to hepatitis, tetanus, and HIV, and she underwent several rounds of testing over the following year. Thankfully for Doe, all the tests came back negative.

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Brazilian courts to apply Montreal Convention, finally?

Submitted by Michael Wukoschitz on 30 May, 2017 - 10:19

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.

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Russia to become Member of the Montreal Convention

Submitted by Michael Wukoschitz on 13 April, 2017 - 09:28

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

Submitted by Michael Wukoschitz on 18 February, 2016 - 13:38

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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