November 2019

Michael Wukoschitz's picture

CJEU clarifies jurisdiction for claims based on Air Passenger Rights Regulation and Montreal Convention

Following a delay of flights operated by easyJet the applicants in the main proceedings, who are domiciled in Rome (Italy), brought an action before the Tribunale ordinario di Roma (Rome District Court, Italy) seeking an order that easyJet pay the compensation referred to in Articles 5, 7 and 9 of Regulation No 261/2004 and compensate for further material damage and non-material damage resulting from easyJet Airline’s failure to fulfil its contractual obligations.

Michael Wukoschitz's picture

Lost/Damaged Baggage and Montreal Convention

In Naeini v Air Canada2019 ONSC 1213, the Ontario Superior Court of Justice ruled that a claim can be made for lost/damaged baggage under Article 22(2) of the Montreal Convention by anyone able to prove that his/her baggage was checked with the carrier, regardless who checked it, and regardless the name on the lost bag's tag.