Background

A claimant filed a case against an airline company and requested the court to order them to pay compensation for damage which had resulted from a flight delay.

The court ruled that the airline should pay the claimant 2000 Dinars in compensation.

The airline appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The airline appealed the ruling before the court of cassation through two appeals.

The court of cassation dismissed the appeals and stated that the airline had failed to prove that it undertook the necessary procedures to avoid the damage that resulted from the delay. The court stated Article 29 of Warsaw Agreement stipulated that each condition which exempts a carrier from the responsibility for damage should be considered illegal.

The court dismissed the appeals.