Israeli Court Partially Approves Class Action Against ITA Airways for Flight Cancellations
Translated & summarized from Ynet by baba
An Israeli court has partially approved a class-action lawsuit against ITA Airways after a 90-year-old woman and her son had their return flight from Rome to Tel Aviv canceled during the war. The airline refunded tickets but provided no alternative flights or assistance, costing the passengers approximately 12,476 euros. The court ruled that airlines must still provide assistance or alternative flights despite wartime exemptions from some compensation, finding ITA failed to prove it did so. The class action covers cancellations and delays between October 2023 and November 2026.
The story in 5 lines · by baba
- An Israeli court partially approved a class action against ITA Airways for canceling a flight during wartime.
- A 90-year-old Israeli woman and her son incurred 12,476 euros in expenses after their flight cancellation.
- The airline refunded tickets but allegedly provided no alternative flights or assistance.
- The court ruled wartime exemptions did not negate the duty to provide flight assistance.
- The class action covers flights canceled or delayed between October 2023 and November 2026.
A district court in central Israel has partially approved a class-action lawsuit against Italy's national airline, ITA Airways. The suit was filed by a 90-year-old Israeli woman and her son after their return flight from Rome to Tel Aviv was canceled during the ongoing war. The lawsuit, initially filed in 2024, will now proceed to a full hearing unless the parties reach a settlement.
The mother and son were scheduled to fly back to Israel with 13 other family members in August 2024, but were notified of the cancellation just three days prior. According to their claim, the airline refunded only the cost of the canceled tickets, leaving them stranded abroad without alternative flights or assistance, such as accommodation or transportation. This forced them to spend approximately 12,476 euros out-of-pocket to arrange their own return to Israel, extending their stay by two days.
The airline stated that passengers were directed to their information center for assistance with alternative flights, but the plaintiffs did not contact them. ITA maintained that its obligation was limited to refunding the original ticket price and that it had fulfilled its duties under the Aviation Services Law.
However, Judge Avi Gorman ruled that while a wartime emergency order exempted airlines from certain statutory compensation, it did not negate their obligation to provide assistance or offer alternative flights. The court found that ITA Airways failed to provide evidence of offering such services. The judge also stated that the airline could not claim the Aviation Services Law does not allow for reimbursement of expenses incurred due to non-compliance, indicating these costs require factual and legal clarification at the trial stage.
The class action will represent individuals whose flights to or from Israel were canceled or delayed by ITA Airways between October 7, 2023, and November 11, 2026, and who did not receive the required assistance or alternative flight options. The lawsuit will exclude individuals already pursuing personal claims against the airline. The court noted that while the current emergency situation will be considered, it does not justify dismissing the case outright.