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Greenwashing in aviation: sustainability challenges faced by misleading business practices
The airline industry is facing increasing pressure from governments and international bodies to reduce its emissions and address the challenges of climate change. For over a decade, airlines have been in the spotlight of ecological transition authorities due to the...
Animals on board: legal challenges in air transport
On 4th November 1909, at Leysdown, Kent, the first recorded flight of an animal took place, when J.T.C. Moore-Brabazon, carried a small pig in his French-made Voisin aircraft. Since that historic moment, the transport of animals has undergone significant evolution,...
The Alaska Airlines incident: Boeing 737-9 max
On 5th January 2024, the aviation industry was rocked by an incident involving an Alaska Airlines Boeing 737-9 MAX. The aircraft, which was flying the PDX-ONT route on flight AS-1282, had to make an emergency landing when the cabin depressurized as a result of a...
Conflict-of-law in relation to passenger rights: Regulation (EC) 261/2004 or third country legislation?
The international nature of the aviation sector, particularly in the transport of passengers, presents, sometimes, a significant challenge for airlines in determining the applicable law with different legislations overlapping in a single scenario. A brief historical...
Airlines can indeed charge passengers for carry-on luggage
On 4th October 2023, the European Parliament¹ approved a resolution urging the European Commission to propose strategic measures to define the scope and specific requirements regarding the weight and dimensions of carry-on luggage. It also aims to address the...
The alarming rise in incidents involving unruly passengers
Incidents of unruly passengers have long concerned the aviation industry. However, the notable rise in this kind of incident in recent years has prompted the critical need to review and bolster existing legislation. Such actions are essential not only for addressing...
The challenge of sustainability in the field of Air transport
Air transport plays a crucial role in economic and social development, enhancing connectivity, trade, tourism, and people’s mobility. However, like many other economic activities, it faces significant challenges concerning environmental sustainability. Indeed, the...
Alternative dispute resolution Procedure (ADR)
On 2nd June 2023, the new alternative dispute resolution procedure (“ADR”), as per Order TMA 201/2022¹, concerning passenger (“PAXs”) complaints arising from EC Regulation 261/2004 and EC Regulation 1107/2006² came into force. For this purpose, the Spanish Aviation...
Transposition of Directive (EU) 2020/1828 in the Spanish legal system: impact on passengers’ rights in the field of air transport
The incorporation of Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers¹, carried out through the Bill on representative actions for the protection of the collective interests of consumers (hereinafter, the...
Alternative dispute resolution procedure in the field of air transport: questions about its configuration and constitutionality
This newsletter examines some of the questions raised by the new ADR of the Spanish Aviation Safety and Security Agency (AESA). It will briefly outline its scope of application and analyse the suitability and feasibility of this new ADR mechanism in our legal system....