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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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