French court awards more than 30 million € compensation over 2009 Yemenia Airlines accident …and highlights few legal issues on international air carrier liability

The French court of first instance (TGI) of Aix-en-Province has awarded damages of over 30 million Euros to the families of 70 passengers, who died at the crash of Yemenia airlines flight IY626 off shore from the Comoros islands on 30 June 2009. This is the second judgment on the case, the first one being rendered by the TGI Bobigny, which awarded about 7 million Euros to the families of three passengers. Some factual and legal parameters of the case are of great interest.

Flight MH370: A few clarifications on the notions of “accident”, “missing aircraft”, “liability” and their legal implications

The Malaysian government has officially declared the disappearance of flight MH370 an “accident” under Annex 13 to the Chicago Convention. It was reported that such statement aims at facilitating compensation of the families of victims. In law, it is not unusual to use the same terms with different meanings in different context. Such is the case of the term “accident” as used in accident and incident investigation, and in airline liability. The above Malaysian declaration causes confusion and raises questions.

CJEU: The final price of air fares at booking process must be indicated at all times and for each flight shown

The Court of Justice of the European Union (CJEU) ruled in its judgment on the case C-573/13 that airline websites must indicate the total price of the air fare at all stages of the booking process. Furthermore, the total price must be displayed for all flights shown on the screen and not only for the selected flight.

Cyprus Airways ceases operations after an order to repay state aid - but is it over?

Last week, Cyprus Airways, the island’s national carrier, was shut down after a European Commission decision ordered the company to repay more than 65 million euros it received in illegal state aid.   On Wednesday, the state’s Council of Ministers approved a proposal tabled by the Ministry of Finance, to proceed with acquiring the services of advisors in order to set up the new airline, which will use the logo and name of Cyprus Airways.

FAA issues law enforcement guidance for suspected unauthorized UAS operations

The US Federal Aviation Administration (FAA) has issued Guidance for Law Enforcement Agencies (LEA), both state and federal, in relation to Unmanned Aircraft Systems (UAS) operations. The FAA suggests that LEAs are often in best position to detect, deter and enforce the FAA regulations on UAS operations. The guidance explains briefly the pertinent FAA rules and suggests methods for their enforcement by LEAs. The document serves interagency cooperation, underscoring that the FAA has only administrative authority, yet unauthorized UAS operations might also violate criminal rules under special circumstances.

U.S. GAO rejects Sierra Nevada’s protest over NASA $6.8 billion space contracts

On January 5, 2015, the U.S. Government Accountability Office (GAO), rejected a protest filed by the Sierra Nevada Corporation (SNC) over a NASA contract award to SpaceX and Boeing, to develop crew transportation vehicles to the International Space Station (ISS), under the Commercial Crew Transportation Capability (CCtCap) Program.

Education campaigns on UAS, to inform users, increase safety… and prevent stricter regulation?

In the days before Christmas, two major education campaigns on the use of small Unmanned Aircraft Systems (sUAS) started in the US and the UK. Although the major goal of such campaigns is to educate users on the legal framework of such flights, they might be part of an effort to avoid stricter regulation.