![\"\"](\"http:\/\/www.aiyon.es\/wp-content\/uploads\/2017\/11\/cancelacion-convenio-montreal-2.jpg\")
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.<\/p>\n
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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.<\/p>\n
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\u20ac per passenger, as it has already done in the past.<\/p>\n","protected":false},"excerpt":{"rendered":"
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.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[72,74],"tags":[],"class_list":["post-6410","post","type-post","status-publish","format-standard","hentry","category-air-en","category-legal-en"],"yoast_head":"\n