Israeli Court Approves Class Action Lawsuit Against ITA Airways

An Israeli court has partially approved a class-action lawsuit against Italian airline ITA Airways, concerning the cancellation of a return flight from Rome to Tel Aviv during the war. The lawsuit alleges that the airline failed to provide alternative flights or assistance to passengers. The case dates back to August 2024, when the airline canceled a flight for an Israeli woman, her son, and 13 family members three days before departure, forcing them to arrange their own return to Israel and incur approximately 12,476 euros in expenses.

While the airline refunded the cost of the canceled tickets, the plaintiffs claim it did not offer alternative flights or support services like accommodation, food, or transportation. They stated they had to extend their stay abroad by two days and eventually returned to Israel in separate groups, with 11 arriving via Cyprus and four via Athens. The airline argued that the cancellation was due to security concerns related to the war, specifically heightened risks to flights to Ben Gurion Airport following the assassination of Hamas's political bureau chief Ismail Haniyeh in Tehran in late July 2024.

ITA Airways also contended that passengers were directed to its information center for assistance but did not contact it. The airline maintained it was not obligated to cover the cost of alternative tickets purchased from other companies. However, Judge Avi Gorman rejected some of the airline's defenses, clarifying that while a temporary amendment to the Aviation Services Law enacted after the war exempted airlines from specific financial compensation during certain periods, it did not absolve them of their duty to provide assistance or offer alternative tickets.

The judge emphasized that the law requires airlines to offer assistance, refund tickets, or provide an alternative, at the passenger's choice, and inform them of their rights. He noted the airline provided no evidence of offering these services, deeming it a deficiency in its submitted evidence. The court also did not dismiss the possibility of the affected individuals recovering expenses incurred due to the airline's alleged failure to meet its legal obligations.

The approved class action covers anyone whose flight to or from Israel was canceled or delayed by ITA Airways between October 7, 2023, and November 11, 2026, without the provision of assistance or alternative tickets as legally required. The decision does not include individuals already pursuing or who will pursue individual lawsuits. Judge Gorman stressed that the class-action approval does not determine guilt or liability, and the court will consider the security circumstances and emergency status during the period in question when examining the case's merits. Lawyer David Schwartzbaum called the decision a significant achievement, stating, "The war may cancel flights, but it does not cancel passengers' rights." ITA Airways responded that the ruling does not prove wrongdoing or entitle group members to compensation, adding that it is reviewing how to defend its position.