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Case review 06/01/2020
The Court of Justice of the European Union (CJEU)’s judgment applies the “ordinary meaning” of accident, stating this to be an unforeseen, harmful and involuntary event.
Case review 14/02/2019
The Court of Appeal rejected a challenge to provisions in Ryanair’s Conditions of Carriage, addressing the manner in which claims for compensation under Regulation EC261/2004 must be made. It also held that the requirement in the Conditions of Carriage to present the claim direct to Ryanair in the first instance did not amount to a waiver or limitation of the passenger’s rights under the Regulation.
Case review 08/02/2019
This week, the Court of Appeal handed down their decision as to an air carrier’s liability for compensation under Regulation EC261/2004 where a flight suffers a qualifying delay by reason of an air traffic management decision.
In a recent decision, Pontypridd County Court examined the nature of modern air travel and passenger expectations of their personal space, and whether encroachment in the space could amount to an “accident”.
Case review 17/10/2018
On 12 October 2018, judgment was handed down in the High Court in a case concerning whether insurers under a marine policy could rely on a sanctions clause to avoid payment of a first party claim.
Case review 10/05/2017
The European Court of Justice (ECJ) has ruled in Marcela Pešková & Jiří Peška v Travel Service [04.05.17] that, in the context of EC Regulation 261/2004 (the Regulation), a collision between an aircraft and a bird is an “extraordinary circumstance”, which may exempt the carrier from its obligation to pay compensation.
Is there a defence for airlines in the event of denied boarding claims under European Regulation EC261/2004 (the Regulation), as a consequence of misunderstanding the changing US entry requirements?
We review the challenges ahead, in particular those relating to market access, and consider potential alternatives to the current EU single air transport market.
Air France is now operating flights from Paris to Tehran, and British Airways will commence operations to Tehran in July 2016. However, despite Iran’s compliance with the Joint Comprehensive Plan of Action (JCPOA), obstacles remain to trade with Iran.