Post by account_disabled on Jan 25, 2024 9:55:30 GMT
Regarding baggage and flight delays, burdening airlines with considerable legal liabilities, which are extremely costly to administer. The application of the CDC to cases such as those reported worsens this situation. The STF took a definitive position on the matter last Thursday (25/5), understanding that because it is a specific consumer relationship – international passenger transport – the conventions ratified by Brazil have the status of a special norm, having prevalence about the CDC, which takes on the form of a general norm as it deals with generic consumer relations, noting, at this point, that the convention's norm is not refractory to consumer rights.
However, the Supreme Court limited the Buy Phone Number List application of the Conventions only with regard to material damage and prescription, leaving the application of moral damage under the auspices of the CDC. Legal security and predictability are fundamental requirements for the development and maintenance of transnational relationships and businesses, including international air transport. The jurisprudence adopted by the STF in this case must be viewed favorably. However, the application of the CDC to the detriment of international conventions in these circumstances with regard to moral damage may continue to be the subject of debate. “Unnecessary and costly legal discussions will be avoided to increase compensation amounts.
Furthermore, it will allow companies to better plan their commercial and operational strategies to more accurately measure the risks of activity in the country, which could, in theory, reduce ticket prices.” According to the conventions, the limits of compensation for material damage resulting from delays, loss or damage to baggage on international flights are “priced” at amounts that currently do not exceed 5 thousand euros (travel delay) and 1,200 euros (loss, damage and baggage delay) per passenger. In the CDC, the principle of broad reparation prevails, as long as the consumer can prove the size of the loss. The statute of limitations for bringing legal action under the Montreal Convention is two years from the arrival of the aircraft. The CDC provides for a generic limitation period of five years from the date of knowledge of the damage and its authorship.
However, the Supreme Court limited the Buy Phone Number List application of the Conventions only with regard to material damage and prescription, leaving the application of moral damage under the auspices of the CDC. Legal security and predictability are fundamental requirements for the development and maintenance of transnational relationships and businesses, including international air transport. The jurisprudence adopted by the STF in this case must be viewed favorably. However, the application of the CDC to the detriment of international conventions in these circumstances with regard to moral damage may continue to be the subject of debate. “Unnecessary and costly legal discussions will be avoided to increase compensation amounts.
Furthermore, it will allow companies to better plan their commercial and operational strategies to more accurately measure the risks of activity in the country, which could, in theory, reduce ticket prices.” According to the conventions, the limits of compensation for material damage resulting from delays, loss or damage to baggage on international flights are “priced” at amounts that currently do not exceed 5 thousand euros (travel delay) and 1,200 euros (loss, damage and baggage delay) per passenger. In the CDC, the principle of broad reparation prevails, as long as the consumer can prove the size of the loss. The statute of limitations for bringing legal action under the Montreal Convention is two years from the arrival of the aircraft. The CDC provides for a generic limitation period of five years from the date of knowledge of the damage and its authorship.