Court rulings

  • Resoluciones judiciales Flight personnel. Revocation of a pilot license by the Aeronautical Authority. The Supreme Court has pronounced a sentence the 2nd of December 2002, for which it recognizes the Aeronautical Authority competition to limit, to suspend or to revoke a pilot license when reasons exist that put in danger the air safety.
  • European Union. Air Bilateral Agreements. The Court of Justice of the European Union has pronounced recently an important sentence for which it declares opposite to the Comunity European regulation the “open skies” Agreements signed by The United Kingdom, Denmark, Sweden, Finland, Belgium, Luxembourg, Austria and Germany with The United States of America.
  • Delay. Moral damages. Given its interest in the field of air and commercial transport and in particular from the standpoint of Spanish law, the Spanish Supreme Court Ruling of 31 May 2000 is important, consolidating as it does the application of the doctrine of moral damages in cases of delays to passengers in flights arranged with an airline provided that three requisites are met: that the delay is unjustifiable, i.e. it was caused by the carrier’s particular interest and not for reasons of Force Majeure or attributable to others; it was a major delay; and thirdly, the situation affects the passenger mentally.

 

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