Proton Legal LLC updates

Liability regime governing JU-Air Junkers Ju-52 crash
Proton Legal LLC
  • Aviation
  • Switzerland
  • 19 September 2018

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.

Lufthansa and Swiss request to waive merger commitments must be re-examined
Proton Legal LLC
  • Aviation
  • Switzerland
  • 04 July 2018

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.

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