All Case Propositions
(A-Z)A diversion can be a cancellation for EU261 purposesAccident must occur on aircraft or in process of embarking or disembarkingAccident requires unexpected or unusual event that is external to the passengerAirline Deregulation Act prevents enforcement of U.S. State consumer lawAirline Deregulation Act prevents enforcement of U.S. State privacy lawArrival time means the time the aircraft doors open under EU261Baggage limits breakable for misconductCare and assistance obligation continues regardless of extraordinary circumstances and is not subject to a temporal or monetary limitation under EU261Carrier to bear transfer costs under EU261 to original airport or agreed destination where flight diverted to nearby airport serving same town or city or regionCarrier's own decision to wait breaks the causal chain for extraordinary circumstances under EU261Cockpit voice recordings not discoverableCodeshare is not successive carriageCollision between an aircraft and a bird is an extraordinary circumstance under EU261Compliance by an air carrier with relevant minimum rules on aircraft maintenance does not excuse liability under the extraordinary circumstances provision of EU261Connecting flights booked as a single unit constitute a whole for the purposes of compensation under EU261Contract provision lessening liability contrary to Convention invalidConvention should not be given a different "European" meaningConvention two year time bar does not apply to EU261 claimsDamages available for purely mental injuries under Article 17Damages for lost damaged or delayed baggage must be proved under the ConventionDamages not available for purely mental injuries under Article 17Death of a pilot not an extraordinary circumstance under EU261Delay compensation is payable by carrier under EU261 where passenger arrives at final destination three hours later than scheduledDelay to be calculated from originally scheduled time of arrival where carrier postpones departure and issues revised booking confirmation under EU261Discrimination in airport user charges need not be overtDomestic leg of international journey is international carriage if single operationEmbarkation and disembarkation includes periods under control or direction of carrier within airportEmployer that contracts with an air carrier for the international carriage of its employees may recover under Article 19 MC99 damage it suffers due to delayEU261 does not apply where both origin and destination outside the EUEU261 reimbursement includes intermediary commissionFailure of equipment required by regulations may constitute an unexpected or unusual event giving rise to an accident under the ConventionFailure to warn by itself is not an accident under the ConventionFinal destination means the destination of the last flight as ticketed including any connecting flights under EU261Forum non conveniens dismissal appropriate where plaintiffs have limited or no connections to forum jurisdictionFrequency of technical problems is not itself a factor for whether there is an extraordinary circumstance under EU261Imperfect crew response to a medical emergency is by itself not an accident under the ConventionInaction or omission may constitute an accidentInspection costs not damages under the Convention if cargo not actually damagedInterline is not Article 39 MC99Interline is successive carriageInternal strike of an air carrier's own staff is not an extraordinary circumstance under EU261Interpretation: Cases on WC29 an aid to MC99Irrelevant under EU261 that delay caused in third or non-EU countryLimits of liability for baggage constitute the maximum amount that can be recovered from the carrier under the Convention and absent a special declaration of interestLimits of liability for baggage under the Convention are maximum limits and are not an automatic or fixed sum that a passenger is entitled toLocal consumer law with standardised compensation not an action for damages under Article 29 MC99Local law defines forum for claim against airportMental anguish damages not recoverable for delayMental injuries recoverable only where caused by bodily injuriesMental injuries recoverable under ConventionMental injuries recoverable under Convention where evidence of physical damage to brainMental injury damages available where coincident to special type of bodily injuryNo Article 7 EU261 compensation is payable for involuntary rebooking on a single connecting journey where the passenger reaches the final destination at the scheduled timeNo liability of successive carrier for death or injury on other successive carrierNo local law damages for baggage beyond the Convention limitsNo remedy when none available under the ConventionNo remedy where carrier allowed no opportunity to rectify delayNo right to EU261 compensation for cancellation where flight diverted to nearby airport serving same town or city or regionNo US State-specific jurisdiction necessarily as a result of Article 33 MC99Owner of cargo cannot sue carrierOwner of cargo may sue carrierPassenger may claim reimbursement of necessary and reasonable expenses incurred where carrier failed to provide care and assistance under EU261Passenger's own internal reaction to normal and expected operation of aircraft not an accidentPets can constitute baggage under the ConventionPossible for contracted pilot to be an agency worker under UK local lawShort consultation period by government official may be justifiable in the circumstances in administrative decision makingSpontaneous or wildcat strike by staff of an air carrier not an extraordinary circumstance under EU261Standardised statutory delay compensation is payable under EU261Standby duty to be paid as work under AU local lawSubstituted carrier a successive carrier where original contract allows substitutionTechnical problems caused by a hidden manufacturing defect are an extraordinary circumstance under EU261Technical problems inherent in the normal activity of an air carrier are not an extraordinary circumstance under EU261Terrorism is an accident for Convention purposesTwo year time bar is definitive to extinguish damagesUnexpected and unforeseeable technical problems may be inherent in the normal activity of an air carrier and therefore not constitute extraordinary circumstances under EU261User charges not just and reasonable if they give rise to unreasonably high profitabilityVolcanic eruption constitutes extraordinary circumstances under EU261Waiver requires clear and unambiguous wordingWhen an employer claims delay damage under Article 19 MC99 the Article 22(1) limit applies for each passenger carried under the contractWilling inaction relevant to whether inaction or omission are unexpected and unusual and constitute an accident under the Convention