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Commentary

68 Limitation period for claims

CARRIERS vol 6(1)B
| Commentary

68 Limitation period for claims

| Commentary

68 Limitation period for claims

The limitation period for claims brought pursuant to Council Regulation (EC) 261/2004 has been addressed both at European and UK level. In Cuadrench More v Koniinklijke Luchvaart Maatschappij N.V.1 in 2012 it was held that the time limit for bringing a claim under the Regulation was a matter for national law, because the provisions for compensation contained in the Regulation fall outside the terms of the Montreal Convention.

In 2014, this was challenged in the Court of Appeal in Dawson v Thomson Airways2on the basis that the Montreal Convention 1999 two-year

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