Successful Representation of Air France Before the District Court
Dear Clients,
We are pleased to provide you with important aviation law update.
Our Aviation Team successfully represented Air France before the District Court, which rejected a claim of international jurisdiction under the Montreal Convention, even where the airline ticket was purchased through a travel agency in Israel
CA 63394-09-25 Nachman v. Air France
Our firm successfully represented Air France in an Application for Leave to Appeal filed against it with the Central District Court (Lod).
The legal question in the center of the dispute, concerned whether, under the Montreal Convention, an Israeli court has international jurisdiction to hear a claim relating to a flight whose place of departure and destination are outside Israel, solely because the airline ticket was purchased through a travel agency located in Israel.
The principal argument in the Application for Leave to Appeal was that a travel agency in Israel should be regarded as an establishment of the air carrier in Israel, pursuant to the jurisdictional alternative set out in Article 33(1) of the Convention.
The District Court accepted Air France’s arguments, dismissed the Application for Leave to Appeal, and held that jurisdiction is determined in accordance with Article 33(1) of the Montreal Convention. The Court further held that in order to have an international jurisdiction, a sale of an airline ticket in Israel through a travel agency is not sufficient to establish a “place of business through which the contract has been made”, and a proof of relevant nexus on the part of the air carrier is necessary.
This ruling reinforces the Convention’s stringent jurisdictional framework and clarifies that claims relating to flights whose departure or destination are outside Israel, do not necessarily confer jurisdiction for Israeli courts merely because the ticket was purchased in Israel.
