Airlines Ask High Court to Suspend Passenger Rights During Airspace Closures
Translated & summarized from Bizportal by baba
El Al and six other airlines, along with IATA, have petitioned Israel's High Court to suspend passenger rights during state-imposed airspace closures, citing "Operation Iron Swords." They argue that regulations requiring passenger services and refunds are unworkable when the government prevents flights. The airlines claim the state bears responsibility for the extensive disruptions and financial damages they suffered due to the 40-day airspace closure. They seek a temporary suspension of specific aviation service laws.
The story in 5 lines · by baba
- El Al and six other airlines petitioned Israel's High Court to suspend passenger rights during airspace closures.
- The airlines argue state-imposed flight bans make passenger service obligations unreasonable and unworkable.
- The petition cites the 40-day airspace closure during "Operation Iron Swords" as a key example.
- Airlines claim the state, not carriers, is responsible for the financial and operational damages incurred.
- The petitioners seek a temporary suspension of specific provisions within the Aviation Services Law.
Seven airlines, including El Al, and the International Air Transport Association (IATA) have petitioned Israel's High Court of Justice (Bagatz) to rule that they are exempt from passenger obligations when the airspace of the country of departure or destination is closed by authorities, such as during "Operation Iron Swords." The petition argues that standard regulations, which balance passenger inconvenience with airline operational constraints, are unreasonable when the state itself prohibits flights and closes airspace for an indefinite period. The airlines contend that they cannot be expected to provide passenger services like accommodation and refunds when they are prevented by the government from operating flights or offering alternatives. They point out that during "Operation Iron Swords," Israel's airspace was closed for an unprecedented 40 days, and the responsibility for this situation, including the closure and the grounding of Ben Gurion Airport, lies with the state, not the airlines. The petition further states that the Knesset did not adapt legislation to this situation, and the Minister of Transport, Miri Regev, did not utilize a mechanism available to her to suspend these obligations. The airlines, which incurred significant damages including full operational halts and widespread disruption, argue that the current situation violates their right to freedom of occupation and property. They are requesting the court to conceptually separate and temporarily suspend specific provisions of the Aviation Services Law.
Other petitioners include Air France, KLM, Delta, Etihad, Aegean, and Bulgaria Air, along with travel companies Nativim Ba'orot and Derech Tzadikim Haderech LeGeula. The petition specifically addresses passenger rights concerning flight cancellations, including assistance services and refunds or alternative flights.
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