Spotlight: key liability issues for the aviation sector in Cyprus

All questions

Authorized framework for legal responsibility

The important thing laws in Cyprus is the Civil Aviation Regulation, which is totally harmonised and aligned with the acquis communautaire on air transport. The implementation of the acquis is a dynamic course of and the DCA is repeatedly monitoring and following the brand new developments.

In accordance with the established precept of the Supreme Courtroom’s case legislation,⁵ Neighborhood legislation is superior to nationwide legislation. Moreover, worldwide treaties to which Cyprus has acceded have elevated drive over every other home legislation however not over Neighborhood legislation.⁶ Cyprus has carried out most worldwide legislation devices, that are utilized as a part of the Cypriot authorized order.

i Worldwide carriage

The important thing treaties on worldwide air carriage that Cyprus has embodied are set out beneath:

1. The Conference for the Unification of sure guidelines referring to worldwide carriage by air, generally referred to as the Warsaw Conference 1929, was ratified by the 1953 Decree on Air Carriage.
2. Regulation No. 66/1970 ratifies the Hague Protocol 1955 and the Guadalajara Conference 1961, which amend and complement the Warsaw Conference.
3. Regulation No. 173/1988 implements the Protocol of Guatemala 1971 and Protocols of Montreal 1975, amending the Warsaw Conference.
4. Regulation No. 213/1988 applies the Conference on Worldwide Civil Aviation signed in Chicago in 1944 and its 13 Protocols of 1947–1984.
5. The Conference for the Unification of sure guidelines for worldwide carriage by air, referred to as the Montreal Conference 1999, has turn into part of the Cyprus authorized order by means of Regulation No. 2(III)/2002.
6. Regulation No. 30/1972 implements the Conference for the Suppression of Illegal Seizure of Plane (Hague Conference 1970).
7. Regulation No. 31/1972 embodies the Conference on Offences and Sure different acts dedicated on board plane (Tokyo Conference 1963).
8. The Conference for the Suppression of Illegal Acts in opposition to the Security of Civil Aviation (Montreal Conference 1973) was ratified by Regulation No. 37/1973.
9. Regulation No. 15/1990 ratifies the Eurocontrol Conference on Aviation Safety 1960 and later, Regulation No. 22(III)/2000 adopts the Brussels Conference 1997 amending the Eurocontrol Conference.
10. Regulation No. 33(III)/2001 adopts the 1988 Protocol referring to suppression of illegal acts in opposition to the protection of civil aviation.
11. Regulation No. 10(III)/2018 ratifies the Conference on the suppression of illegal acts referring to worldwide civil aviation.

ii Inner and different non-convention carriage

Article 285 of the Civil Aviation Regulation stipulates that the scope of software in Cyprus of the provisions of the Conventions of Chicago 1944, Tokyo 1963, Hague 1970 and Montreal 1973 is prolonged in order that they apply not solely to worldwide flights but additionally to home flights. Additional, Article 231(2) of the Regulation underlines that the provisions of the Montreal Conference 1999 additionally cowl inner air carriage.

iii Normal aviation regulation

The Civil Aviation Regulation regulates all related issues, together with plane registration, airworthiness, upkeep and different security guidelines, coaching of plane crew, the obligations and liabilities of the captain, airports’ operation and charges, floor dealing with, touchdown and take-off guidelines, air carriers, environmental safety, civil legal responsibility of air carriers and the safety of civil aviation. Every part can also be ruled and supplemented by the corresponding regulatory administrative acts (RAA) in addition to the related EU and worldwide devices.

The time period ‘plane’ underneath the ambit of the Civil Aviation Regulation implies any machine able to flying not less than 30 metres above the bottom and consists of balloons, airships, gliders, kites, landplanes, seaplanes, amphibian aeroplanes, propeller-driven aeroplanes, jet-powered aeroplanes, helicopters and gyroplanes.⁷ The provisions referring to legal responsibility apply to all plane underneath the Civil Aviation Regulation’s which means.

iv Passenger rights

Flight Compensation Regulation No. 261/2004 referring to denied boarding, flight cancellations or lengthy delays of flights is utilized in Cyprus by means of RAA No. 283/2005. Furthermore, Regulation No. 2111/2005 on the institution of a Neighborhood listing of air carriers topic to an working ban throughout the Neighborhood and on informing air transport passengers of the id of the working air service is embodied by RAA No. 541/2007.Concerning the rights of disabled individuals and individuals with decreased mobility when travelling by air, Regulation No. 1107/2006 is utilized by means of RAA No. 287/2008.

The DPA is chargeable for implementing the above Rules in a case the place the passenger departs from Larnaca or Paphos Airports or from a third-country airport to these airports and the place the air service is a Neighborhood service.

Passengers have the correct to lodge a criticism to the DPA within the case of an alleged violation. If a violation is discovered, the passenger is entitled to the compensation offered. The offender can also be topic to administrative sanctions.⁸ Such a sanction might outcome within the imposition of a effective⁹ or the suspension or revocation of a licence.¹⁰

Apparently, in the middle of Motion No. 189/2016 between DZ v. Blue Air Administration Options SRL, the District Courtroom of Larnaca requested a preliminary ruling underneath Article 267 of the Treaty on the Functioning of the European Union (TFEU) on points referring to denied boarding, passengers’ rights and the duty of the air service that arose. The Courtroom of Justice of the European Union (CJEU) gave its ruling on 30 April 2020 in Case C-584/18, holding that an air service’s refusal of boarding primarily based on the allegedly insufficient nature of journey documentation doesn’t deprive, per se, the passenger from safety underneath Regulation 261/2004. Accordingly, within the occasion of problem, it’s for the competent courtroom to evaluate whether or not the denied boarding in all fairness justified. On this regard, Regulation 261/2004 precludes a provision, included within the air service’s common phrases, which limits or excludes its legal responsibility within the occasion of denied boarding for causes referring to the allegedly insufficient nature of the passenger’s journey documentation and thus deprives the passenger of any proper to compensation she or he might have. Subsequent to the CJEU’s ruling, the District Courtroom of Larnaca, in its determination dated 20 Might 2020, awarded in favour of the claimant the quantity of €300 as common compensation for the ache, upset and misery suffered on account of the defendant’s refusal to board. Particular damages have been additionally awarded, together with, inter alia, the overall price of the airline ticket and the lodge’s cancellation charges.

v Different laws

Concerning employment legislation, the Organisation of Working Time of Flying Personnel of Civil Aviation Regulation No. 12(I)/2004 is related. The Regulation lays down minimal well being and security necessities and covers points comparable to annual depart, working charges, most working time, medical examinations and the function and powers of inspectors.

Furthermore, Chapter 24 of the Civil Aviation Regulation makes provision as to the safety of the atmosphere. Particularly, Article 190 confers an obligation upon airport operators, plane house owners and captains to keep away from and scale back environmental air pollution brought on by the emission of inevitable noises, vibrations or gases. The Civil Aviation Regulation additionally has varied different environmental provisions, comparable to these present in Sections 11, 18, 33, 35, 36, 41, 45, 79, 91, 105, 106, 107, 135 and 136. As well as, the Analysis and Administration of Environmental Noise Regulation No. 224(I)/2004 requires, inter alia, the willpower of publicity to noise emitted by the use of air site visitors by means of noise mapping.

Competitors legislation points are analysed in Part VI.