Publications

---

The Court of Appeal upholds exclusivity of the Montreal Convention 1999 in respect of claims brought under Regulation (EC) 1107/06 by disabled passengers and passengers with reduced mobility.

This decision is an important addition to the catalogue of domestic, European and international case law affirming the exclusivity of the convention. It provides useful clarification for passengers and airlines on the boundaries of the regulation and confirms the application of the pre-emptive effect of the convention, regardless of the nature and basis of the claim.

That said, it is unlikely to be the last case arising from potential discord between the emerging body of European consumer rights legislation and established international air law.