'Inadmissible persons' ('INADs') is a term used for passengers who are or will be refused admission to a state by its authorities. Pursuant to Article 122a of the Foreign and Integration Act, a violation of airlines' duty of care is presumed if the airline carries INADs. However, Article 122a departs from the presumption of innocence by requiring airlines to prove specific matters in order to avoid conviction. The Federal Administrative Court recently ruled on the matter.
The Supreme Court recently upheld an appeal against the conviction of an air traffic controller who had cleared two aircraft in quick succession to take off from two crossing runways at Zurich airport. The decision is welcome news and contrasts with recent convictions of air traffic controllers handed down in Switzerland for operational incidents that resulted in neither injury nor damage.
The Supreme Court recently dismissed an appeal against the conviction of an air traffic controller for negligent disruption of public transport. In so doing, the court established a new precedent that allows for criminal prosecution and conviction for operational incidents that result in neither injury nor damage. As this decision makes it difficult for aviation professionals to treat their mistakes as learning opportunities, it is a major step backwards for aviation safety.
Air traffic controller and pilot organisations have criticised recent convictions handed down in Switzerland for operational incidents that resulted in neither injury nor damage. Critics have asserted that criminal prosecutions in the aviation sector tend to do more harm than good. Further, there is widespread concern that criminalisation leads to a loss of cooperation from individuals who could provide the most critical insight into the circumstances of an incident.
Amid tumultuous Brexit developments, the Swiss and UK authorities recently signed a new bilateral air transport agreement to ensure the continuation of flights between the two countries post-Brexit. Switzerland can apply the new agreement provisionally, pending its entry into force following an exchange of diplomatic notes confirming each country's fulfilment of internal procedures for committing to the agreement. The Swiss government may finalise the new agreement without prior parliamentary approval.
While many legal issues surrounding the recent JU-Air Junkers Ju-52 crash have yet to be determined by the Swiss Transportation Safety Investigation Board, claims for passenger deaths will be governed by the EU-Swiss Air Transport Agreement. The agreement extends the scope of the liability provisions of the Montreal Convention for passenger deaths to domestic carriage by Community air carriers and requires advance payments to cover the victims' families' immediate economic needs after an accident.
The General Court recently annulled the European Commission's rejection of a request by Lufthansa and Swiss International Air Lines to waive their fare commitments. The judgment clarifies the standard of review regarding assessments of requests for a waiver of merger commitments and is a reminder that, by virtue of the 1999 EU-Switzerland Air Transport Agreement, EU institutions have jurisdiction to assess competition concerns on air routes relating to the non-EU member state Switzerland.