Montreal Convention

Michael Wukoschitz's picture

USA: deplaned passenger's complaint fails to state a viable cause of action under the Montreal Convention

The plaintiff and her daughter boarded the aircraft for a Continental flight from Newark to Cancun, Mexico. After a dsipute with the flight attendants over her seating and and while waiting in the forward galley, the plaintiff began talking on her cell phone.  When a flight attendant told her to end the call, she replied that “the pilot didn’t announce not to be on your phone and I’m talking to my Mom” and continued her conversation. The flight attendant then told the plaintiff to stop talking on her phone or else exit the plane.

Michael Wukoschitz's picture

USA: man who helped to stop "underwear bomber" sues for USD 10 million

In a lawsuit filed in the U.S. District Court for the Southern District of New York on Dec. 21, Theophilus Maranga says he "risked his life" by jumping on the would-be bomber Umar Farouk Abdulmutallab, a Nigerian man who attempted to blow up a Detroit-bound flight from Amsterdam with a bomb stashed in his underwear. The lawsuit says Maranga lost a tooth and suffered injuries to his ribs, permanent numbness in his hands and a pain in his neck that hampers his movements.

Michael Wukoschitz's picture

U.S. Court of Appeals: violation of a government regulation no prerequisite to a claim under Article 17 Montreal Convention

After entering her assigned row on Icelandair Flight No. 656, Elin Phifer bent over, placed two carry-on bags under the seat in front of hers, stood up, and struck her head on an overhead television monitor, which was extended in the down position. Phifer collapsed and was assisted to her seat by her husband and an Icelandair flight attendant.

Stephan Keiler's picture

Court of Cassation (FR) on Deep vein thrombosis

Deep vein thrombosis is not an accident under Warsaw Convention

[forwarded by Jackie Tanti Dougall]

Michael Wukoschitz's picture

USA: DOT fines Caribbean Airlines for improperly limiting reimbursements for delayed baggage

The U.S. Department of Transportation (DOT) fined Caribbean Airlines, a carrier based in Trinidad and Tobago, USD 60,000 for limiting reimbursements for lost, damaged and delayed baggage to less than consumers were entitled under the Montreal Convention.

Michael Wukoschitz's picture

USA: airline's motion for summary judgement in trip and fall case denied

When the plaintiff made his way to join a line of passengers at the gate at Schiphol airport for boarding a KLM flight, he tripped over a low lying metal bar similar in color to the floor and fell.  The plaintiff alleged in his complaint that he sustained a fractured elbow as a result of the fall and that, under the Montreal Convention, KLM was liable for USD 3 million in damages.

Michael Wukoschitz's picture

Irish High Court confirms exclusivity of Montreal Convention with respect to international air carriage

On the 12th March, 2008, the plaintiff, a businessman and resides at Cullion, Dungloe in the County of Donegal, was travelling with Aer Lingus from Dublin to Vilnius, Lithuania on flight EI 396 which departed Dublin at 15:15 in the afternoon. At the beginning of the flight the plaintiff asked the third named defendant (a flight attendant) to provide him with four alcoholic drinks. This request was refused and the plaintiff informed that only two alcoholic drinks could be provided at any one time.

Stephan Keiler's picture

Interesting case! Preliminary Ruling: ECJ C-410/11

Preliminary ruling before ECJ lodged by Audiencia Provincial de Barcelona (national reference: QP/07238-A9, decision as of June 15, 2011): C-410/11 (Pedro Espada Sánchez ea/Iberia) Questions referred (1)    Must the limit of 1 000 Special Drawing Rights per passenger, laid down in Article 22 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, concerning the liability of the carrier in the case of destruction, loss or damage of baggage, considered in conjunction with Article 3(3) of that convention, be interpreted as a ma

Michael Wukoschitz's picture

The Netherlands contribute another reference for preliminary ruling challenging the "Sturgeon judgement"

The Dutch Rechtbank Breda on June 27, 2011 lodged a reference for preliminary ruling of the ECJ with regard to the following questions:

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