Penalties for failure to transfer Passenger Name Record data
According to recent press reports, as many as 210 air carriers that operated air transport on routes to and from Poland in 2018 may be fined for breach of the Passenger Name Record Data Processing Act. In just four months (June–September 2021), the commander-in-chief of the Border Guard instituted some 17,000 proceedings against them seeking to impose administrative penalties, exposing them to fines that could total as high as PLN 640 million. Given that between 2018 and 2020 there were nearly 940,000 passenger-related flight operations (on both domestic and international routes) in Poland, this may represent just the tip of the iceberg.
Wind turbines: New regulation on the marking of air traffic obstacles
On 11 February 2021, the Regulation of the Minister of Infrastructure of 12 January 2021 on Air Traffic Obstacles, Obstacle Limitation Surfaces and Dangerous Devices came into force. In the method of notification and marking of air traffic obstacles, it replaced the regulation of 25 June 2003. Will wind turbines still need to be marked under the new regulation? If so, who should mark them and how? And, just as importantly, does existing marking need to be brought into compliance with the current regulations, and if so, when?
Cancellation due to pandemic: Are passengers entitled to compensation?
Since 15 March 2020, Poland has had a ban on civil aircraft landing on international passenger flights. Since 16 March, domestic passenger flights have also been banned, except for flights in the public or state interest. Do passengers whose flights have been cancelled as a result of this ban have the right to compensation from the air carriers that were to operate those flights?
Can airlines cancel a return ticket because the passenger missed the outbound flight?
Linie lotnicze często anulują bilet, jeśli podróżny nie stawił się na lot w pierwszą stronę lub na lot na pierwszym odcinku podróży. Czy taka praktyka jest zgodna z prawem?
Should Poland ratify the Cape Town Convention?
The Convention on International Interests in Mobile Equipment offers strong protection to sellers, lessors and financers of aircraft. More and more European countries are considering ratification of the convention. Should Poland be one of them?
What a difference a minute makes: To receive or not receive compensation for a flight delay
In strictly defined instances a passenger has the right to compensation for a flight delay, but the law does not say exactly how the period of the delay should be calculated. The European Court of Justice recently answered this question.
Polish, English, or maybe French? What language should aviation contracts be drafted in?
Polish law provides great discretion in choosing the language for contracts. But in regulated industries, such as aviation, this rule may be modified.
Seizure of an aircraft: The perfect method to secure claims?
Suppliers to troubled airlines increasingly seek security for their claims. Is temporary seizure of an aircraft an effective instrument?
Air carriers' liability for flight delays under the latest rulings from the ECJ and US courts
A right to compensation may be deduced from Regulation 261/2004 not only for cancellation of a flight, but also for a delay of 3 hours or more. Passengers eagerly exploit this right, but the court decisions continue to raise new controversies.
When an airline is short of money: Public aid for air carriers
LOT Polish Airlines is not the only carrier seeking public aid. Airlines in other countries have also been forced to seek state support. Whether the effort succeeds depends primarily on how the aid is assessed by the European Commission.
Airport ground services: A new approach
In the area of ground services, there is a battle between the interests of airports, groundhandling agents, staff and consumers. Any legal changes in this field typically represent a compromise between the interests of numerous stakeholders.
An aircraft as the subject of a registered pledge
Transactions involving aircraft typically require that security be established in favour of the financing parties. Due to the small number of such transactions, this issue is still not well-known in Poland.