Aviation

Aviation

Commercial aviation is growing fast and although accidents are declining they still do happen. Passenger’s rights within Europe are regulated by The Montreal Convention but in fact the claimant's rights to compensation are decided by the local law of the forum. The national rules of compensation are very individual for each European country and types of damages and damages levels can vary greatly.

A lawyer assisting an aviation claimant needs to do a careful scrutiny of all potential countries rules and levels of compensation before a proper choice of forum can be made. An international air disaster will therefore demand a deep collaboration between lawyers in the jurisdictions involved.  

Conventions

Warsaw Convention 1929 as amended by the Hague and Montreal 4

Montreal Convention 1999

 

EC Regulations

Regulation 2027 / 1997 – Air carrier liability in the event of accidents

Regulation 889 / 2002 – amending 2027 / 97

Regulation 323/1999 – Tickets

Regulation 261 / 2004 – Denied Boarding / Delays

Regulation 785 / 2004 – Insurance requirements for air carriers