Three months after the entry into force of the Multilateral Agreement between the European Community and Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Iceland, Macedonia, Norway, Serbia and Montenegro, Romania and Kosovo on the creation of a European Common Aviation Area (ECAA), on March 1st 2018, the EuroMediterranean Aviation Agreement between the European Union and its members on the one hand and the Kingdom of Morocco on the other came into force; this agreement having been designed in Brussels on December 12th 2006. Read more
On December 30th, just one day after being published in the “Boletín Oficial del Estado (BOE)”, the new Royal Decree 1036/2017 dated December 15th (Real Decreto 1036/2017), by which the civil use of remotely piloted aircrafts is regulated, came into force. This Decree puts an end to the temporary regime introduced by Law 18/2014, dated October 15th, on the approval of urgent measures for growth, competitiveness and efficiency.
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.
For any action for damages arising from international air transportation governed by the Montreal Convention of 1999, the Convention establishes the limitation period of 2 years in its article 35 “reckoned from the date of arrival at the destination, or from the date which the aircraft ought to have arrived, or from the date on which the carriage stopped”. Read more
AIYON Abogados attended the European Air Law Association (EALA) 11th Munich Liability Seminar through our colleagues Julia Garcia and Enrique Ortiz.
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
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.
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
On 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.
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.