Cancelation rights under the Montreal Convention: possible application by analogy of Regulation CE 261/2004

In a judgment dated 21st September 2017, the Court of Appeals of Barcelona, Section 15, reversing the decision of the first instance court, has considered that damages arising from the cancellation of a flight are covered by article 19 of the Montreal Convention.

The judgment argued that the fact that the European Regulation is not applicable does mean that the courts must reject awarding damages when they face a clear breach of the transport contract. The Court of Appeals considered that moral damages are inherent to a cancellation and consequent delay. These damages, which go beyond the simple annoyances of a slight delay, must be compensated.

For such compensation the court applied by analogy the parameters contained in Regulation 261/2004 and ordered the payment of damages in an amount of 600,00€ per passenger, as it has already done in the past.