Air transportation: boarding denied, flight cancellation and delays

Passenger rights in air transportation in case of denied boarding, flight cancellation and delays are included in the (EU) Regulation n. 261/2004 dated February 11th 2004. This Regulation regards passenger rights for compensation as well as the airline’s obligations for passengers’ assistance in the abovementioned cases. Nevertheless, the Regulation does not provide any information on how much time passengers have to assert their rights, which leads us to consider whether the claims made by the passengers should abide by the general limitation period of 5 years determined by the Civil Code, or by the limitation period of 2 years provided Read more

Controversial judgment in the Spanair tragedy: Judgment by the Court of Appeals of Barcelona dated 12 July 2016

Regulation (EC) 785/2004 on insurance requirements for air carriers and aircraft operators establishes that the minimum insurance cover for liability in respect of passengers shall be 250,000 SDR.
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Julia García has attended the 6th Air Finance Legal Seminar

Aiyon Abogados’ partner Julia García has attended the 6th Air Finance Legal Seminar held by The European Air Law Association on 3rd June 2016 in Copenhagen. Read more

Aiyon Abogados in the ‘Forum for the development of logistic infrastructure, growth and employment in Andalusia’

foro-desarrollo-infraestructura-andalucia-transporteOn June 2, 2016, the Andalusian Council of Chambers of Commerce held the ‘Forum for the development of logistic infrastructure, growth and employment in Andalusia’ in Antequera (Malaga/Spain). The main companies of the Andalusian transport sector and our colleagues of AIYON ABOGADOS SLP, Enrique Ortiz and Jose Dominguez, experts in the areas of Shipping Law, Transport Law, International Trade Law and Insurance Law, attended the event.

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Employer’s claim against an airline for damages as a result of delays: ruling

The Court of Justice for the European Union, in a judgment dated 17 February 2016, has ruled that article 19 of the Montreal Convention applies not only to those damages caused to passengers themselves but also to those suffered by the employer of the passengers subject to the limits laid down in article 22.1 of the said Convention.

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Employer’s claim against an airline for damages as a result of delays: background

A recent judgment issued by the Third Chamber of the Court of Justice for the European Union has addressed the issue of the possible title to sue of those companies that contract the flight of their employees, to claim damages as result of the delays suffered by those employees. This judgment is dated 17 February 2016 and was issued in the Case 429/14 in the matter Air Baltic Corporation AS vs Lietuvos Republikos specialiųjų tyrimų tarnyba.
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The limit to bring claims under Article 7 of (EC) Regulation 261/2004

Actions to claim in Spain for compensation under Article 7 of Regulation (EC) 261/2005 have a five-year time-bar unless regional law applies.

As a result of a recent inquiry, AIYON ABOGADOS would like to remind its clients and friends that contractual claims for compensation against the air carrier under article 7 of Regulation (EC) 261/2004, resulting from cancellation, denied boarding or long delay of flights, fall outside de scope of the Montreal Convention. According to a judgment of the European Union Court of Justice dated 22 November 2012 in the case C-139/11, the time-limits for bringing actions for such compensation are determined in accordance with the rules of each Member State on the limitation of actions. This decision was the result of a request for a preliminary ruling under Article 267 TFEU from the Audiencia Provincial de Barcelona (Spain) dated 14 February 2011 in the proceedings “Joan Cuadrench Moré v Koninklijke Luchtvaart Maatschappij NV”. Read more

The Legal Bar Association of Madrid constitutes a new section dedicated to Shipping and Transport Law

By agreement of its Board of Directors dated 21 January 2016, the Legal Bar Association of Madrid constitutes a new Section dedicated to Shipping and Transport law.

The purpose of this Section is to assist all the sectors that are related to maritime and combined transportation, supporting the education of the professionals that act in these areas. This Section also aims to contribute to the dissemination of Shipping and Transport law and to reinforce the links with the courts as well as exploring the possibility of setting up a specialized arbitration body. Finally, it is another objective of the Section to be present in the making of the laws that affect the sector.

Aiyon Abogados has joined this Section and we hope it will accomplish its mission.

Time of arrival: Time at which the aircraft door is opened

Regulation No. 261/2004 of the European Parliament and of the Council of 11 February 2004 does not define the actual “arrival time”. That being the case, the need for a uniform application of EU law and the principle of equal treatment requires that the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an independent interpretation throughout the European Union. Read more