Vulkanutbrottet och ERAs ev rättsprocess

ERA har därför anlitat advokatbyrån Gates & Partners som nu undersöker vilka förutsättningar som kan finnas för en lyckad prövning.

Se nedan Mike Ambrose brev till ERA medlemmar.

Bifogar även Gates & Partners information till ERA medlemmar.

Jag vill samtidigt passa på att nämna att vi från SFR sida stöder denna aktion och kommer att bidra med underlag om ERA så önskar. Jag vill därför påminna om att det kan var bra att i era bokslut lägga till en kommentar om hur ert bolag drabbades av den luftrumsnedstängning som följde på vulkanutbrottet.

UPDATE ON A POSSIBLE LEGAL RECOVERY OF COSTS RELATED TO THE ICELANDIC VOLCANO

At the September ERA Airline Presidents and Airport Directors meeting the ERA Directorate was instructed to investigate possible legal options to recover additional financial costs incurred by airline members arising from the eruption of the Eyjafjallajökull volcano in Iceland. This message is an update on developments relating to this action.

Since the meeting, the Directorate has been working with law firm Gates & Partners, also an ERA member. A substantial amount of investigative work has been done by Gates & Partners into the events leading up to the volcano and the subsequent airspace closures.

Based on the work to date, it has not been possible to compile strong evidence to prove any wilful misconduct took place in the run up to the event. A volcanic ash contingency plan had been developed at ICAO level before the eruption and was enacted when the volcano erupted.

However, the plan was clearly not appropriate to the situation and the commercial consequences for airlines considerable.

Gates & Partners is continuing to undertake detailed investigative work and the Directorate has suggested a further focus on the actions and events during the event itself may yield additional information.

The Directorate is working towards a deadline of the April 2011 ERA Board and subsequent Airline Presidents Meeting to present a final opinion on whether ERA should join any possible legal action.

In the meantime members are encouraged to submit to the Directorate any information that they consider pertinent to a possible legal case.

Gates & Partners have also reminded the Directorate that it is essential that airlines retain data on the costs incurred during the event for use in the event that a case is brought. The attached letter details the suggested actions that airlines might take.

Gates & Partners have also found that it may be possible to recover some of the costs via existing insurance policies in force at airlines and have suggested a close examination of any policies you might have.

Even if it is not possible to develop a robust legal case to reclaim damages the probable financial dimensions (based on collected data) could help bring considerable pressure to bear on European and national regulatory authorities.

If you have any questions related to the above please do not hesitate to contact me.

Best regards

Mike A Ambrose
Director General

Mvh
Janne