Dublin Court Holds In Favour Of Airline

An interesting decision in the Dublin Circuit Court on the 9th November, 2009 will help airlines and airline insurers to defend claims under the Montreal Convention. Dillon Eustace represented the airline and its insurers.

The Plaintiff, a 13 year old girl, claimed that she had suffered psychological injuries as a result of an accident on the 28th June, 2002 arising out of her alleged abandonment by an agent of the airline in the baggage hall of Charles de Gaulle Airport having travelled from Dublin to Paris. Agreement had been reached that she would travel with the airline as an unaccompanied minor but would be accompanied by an agent of the airline until she met with a specified party at Charles de Gaulle Airport.

The airline brought a preliminary issue arguing that the only remedy the Plaintiff had was under the Warsaw Convention (which was in force at the...