Tech & Science Hard aircraft landing does not automatically apply as an accident
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who hurts in a hard aircraft landing, according to a policy judgment of the European Court of Justice, has not entitled to compensation for damages.
Regardless of the personal perception of individual passengers, it is not an accident under certain conditions, the European Highlight judged on Wednesday in Luxembourg.
background of the decision is the case of a passenger from Austria, which had suffered a herniated disc during a flight from Vienna to St. Gallen because of a hard landing. It complained against Altenrhein aviation and demanded to condemn the company to a payment of almost 69,000 euros plus interest and costs. The woman supported her action that landing was as "hard" and thus as an accident within the meaning of the Montreal Convention. This Agreement regulates liability issues in international civil aviation and also applies to the EU. On the other hand,
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Altenrhein aviation claimed that the landing is at the Swiss airport St. Gallen / Altenrhein in the normal operating range of the aircraft. It is a typical event during a flight. In the verdict, it is also under reference to the Supreme Court of Austria, that at the airport from the airport «because of the alpine situation a hard landing is safer than a too soft". In the present case, no pilot error can be detected.
in Article 17 of thestates: "The air carrier has to replace the damage that arises that a traveler is killed or physically violated, but only if the accident, by the death or personal injury has been caused, on board the aircraft or occurred on or out. » It follows that the aviation company is only adhered if the event is classified as "accident", the ECJ judges are fixed.
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You come to the conclusion that a landing, "in accordance with the procedures and operating limits applicable to the relevant aircraft (...) and taking into account the rules of technology and proven practices in the field of operation of Aircraft is performed », not an accident. This also applies if the affected passenger perceived landing as the unforeseen event. In the concrete case, the Austrian Justice must now make a decision on the basis of the ECJ judgment.
The ECJ always deals with the rights of flight passengers, such as delays or cancellations. In its decision from Wednesday, the judges refer to a judgment of December 2019, in which it goes for compensation in scalding by overturned coffee. At that time, the ECJ had decided that airlines need to adhere when passengers did not cause damage themselves.
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