Air transport – Compensation and assistance to passengers – Denied boarding and cancellation or long delays of flights – Period allowed for commencing proceedings
After cancellation of his flight in December 2005 the claimant brought proceedings against the airline in Spain in February 2009 seeking compensation under Regulation 261. The limitation period under Spanish law was ten years. Under the Convention is two years. The Court was asked to decide whether article 35 of the Montreal Convention or the Spanish law of limitation applied.
Held: The time limit for bringing a claim under Regulation 261 was a matter for national Spanish law, because the provisions for compensation contained in the Regulation fall outside the terms of the Convention. Regulation 261 provides a system of standardised and immediate redress for the inconvenience caused by delay and cancellation of flights which operates at an earlier stage than the Convention and is independent of it.
R. Silva de Lapuerta
C-139/11, [2012] EUECJ C-139/11, [2013] 2 All ER (Comm) 1152
Bailii
European
Cited by:
Cited – Dawson v Thomson Airways Ltd CA 19-Jun-2014
The claimant’s flight had been delayed for six hours. The airline said that the claim having been made outside the two year period applicable under the Montreal convention, no compensation was payable.
Held: The claimant’s appeal failed. ‘We . .
Lists of cited by and citing cases may be incomplete.
Transport, Consumer, Limitation
Updated: 01 November 2021; Ref: scu.465996