Montreal Convention

Michael Wukoschitz's picture

USA: DOT fines Lufthansa for improperly limiting reimubursements for delayed baggage

The U.S. Department of Transportation (DOT) fined the German airline Lufthansa $50,000 for limiting reimbursements for delayed baggage to less than consumers were entitled under the Montreal Convention.

Michael Wukoschitz's picture

Canada: air carrier not liable for delay caused by mechanical problem

The Plaintiffs were booked on an Alitalia flight from Bari to Rome and then on to Montreal. Because of a mechanical problem, which was identified only shortly before departure, the flight from Bari to Rome was delayed almost 3 hrs and they missed their connecting flight to Montreal.

However, the claim was dismissed as Alitalia could produce evidence that once the problem was discovered, the aircraft was repaired as quickly as possible and thus proved that it took all reasonable measures to avoid the delay.

Michael Wukoschitz's picture

Germany: Montreal liabilty limit for lost baggage applies per passenger regardless of number of checked pieces of baggage

On August 31, 2008, the plaintiff traveled together with her husband on a flight from Frankfurt/Main to Malaga, operated by the defandant. Upon arrival she discovered that her golf bag (checked baggage) was lost. She claimed that the bag did not only contain her own golf equipment but also that of her husband who had assigned his claims to her. She sued for a compensation which in total exceeded the amount of the limit under Article 22 para. 2 Montreal Convention.

Michael Wukoschitz's picture

Ireland: Eyjafjallajökull eruption referred to the ECJ

The Dublin Metropolitan District Court referred the follwoing questions to the Court of the European Union:

Michael Wukoschitz's picture

USA: local tolling rules do not apply to the limitation period of the Montreal Convention

In Duay v. Continental Airlines, Inc. (S.D. Tex. Dec. 21, 2010) the plaintiff, a Swiss citizen, when arriving in Texas on a Continental flight from Switzerland on December 2, 2007 discovered that his custom-fitted wheelchair had been damaged. He was provided with a replacement wheelchair which he claims did not fit his body properly and caused him skin irritation. On December 17, 2007, after having returned to Switzerland, the plaintiff attended a doctor’s appointment.

Michael Wukoschitz's picture

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

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.

Michael Wukoschitz's picture

USA: Air France fined for unlawful baggage liability disclaimer

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.

Michael Wukoschitz's picture

California: Air France - air crash claims dismissed on inconvenient forum grounds

A multidistrict litigation (MDL) court in California has dismissed claims filed against Air France arising out of an air disaster on a flight between Brazil and France that killed all 228 passengers and crew. In re Air Crash over the Mid-Atl. on June 1, 2009, MDL No. 10-2144 (U.S. Dist. Ct., N.D. Cal., decided October 4, 2010). The passengers and crew were mainly French or Brazilian. However, two of the decedents purportedly were U.S.

John Downes's picture

Scottish Case: O'Carroll v Ryanair

I mentioned this case before but I can now provide more information from
the judgement