‘The court could not award damages for distress and injury to feelings caused to a disabled passenger during flight in breach of Council Regulation (EC) No 1107/2006 (implemented in domestic law by the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007) since such an award was precluded by article 29 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 (“the Montreal Convention”), as adopted in the European Union by Council Regulation (EC) No 2027/97, as amended by article 3(1) of Parliament and Council Regulation (EC) No 889/2002, (“the Montreal Regulation”), and pursuant to the European Communities Act 1972, as amended.’
WLR Daily, 5th March 2014
Source: www.iclr.co.uk
