WRITTEN QUESTION No. 3486/97 by Richard HOWITT to the Council. The Warsaw Convention and an Essex resident held hostage in Kuwait - claim against British Airways
Date: 1997-11-03
Institutions: European Parliament, HOWITT
Subjects: EU national, Kuwait, United Kingdom, airport, application of EU law, civil aviation, indemnification, transport accident, traveller, war

25. 5. 98

EN

Official Journal of the European Communities

C 158/127

Does the Commission agree that complainants such as Mr Hammett could only benefit if such legislation were
passed?

Joint answer
to Written Questions E-3485/97 and E-3487/97
given by Mr Kinnock on behalf of the Commission

(11 December 1997)

The unfortunate and new distressing experience of the passengers on board British Airways flight 149, which
landed in Kuwait after the Iraqi invasion, does not appear to amount to an infringement of Community law. Since
there is no relevant Community legislation, an investigation by the Commission would not be justifiable. For the
same reason, the rights of the passengers depends upon the application of relevant national laws and the Warsaw
Convention.

The Commission is, however, looking into the possibility of making further progress in air transport consumer
policy. A comprehensive study assessing the conditions included in air transport contracts has been completed
and  recently  submitted  to  the  Commission.  The  Commission  is  now  consulting  all  interested  parties  on  the
results of this study.

(98/C 158/166)

WRITTEN QUESTION E-3486/97

by Richard Howitt (PSE) to the Council

(3 November 1997)

Subject: The Warsaw Convention and an Essex resident held hostage in Kuwait › claim against British Airways

Given  the  long-standing  complaint  from  Essex  resident  Mr  Edward  Hammett  and  367  passengers  of  British
Airways flight 149, that the airline recklessly and intentionally landed in Kuwait after the Iraqi invasion in the
Gulf War, does the Council agree that the draft regulation concerning compensation to passengers in cases of air
accidents sets a precedent in favour of a European Union competence in relation to the Warsaw Convention? Will
the  Council  therefore  commit  itself  to  supporting  a  new  regulation  which  would  enable  the  European
Commission to investigate the potential liability of air carriers in relation to complaints other than those arising
from accidents, whether or not particular aspects of the Warsaw Convention apply?

Does  the  Council  agree  that  complainants  such  as  Mr  Hammett  could  only  benefit  if  such  legislation  were
passed?

Answer

(12 February 1998)

The Council would remind the Honourable Member that the subject dealt with in the draft regulation concerning
compensation to passengers in case of air accidents to which he refers is in fact covered by Council Regulation
(EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents (OJ L 285, 17.10.1997, p. 1).
The  Regulation  will  enter  into  force  one  year  after  its  publication  in  the  Official  Journal  of  the  European
Communities.

The  Council  has  not  so  far  received  any  proposals  to  amend  that  Regulation  and  therefore  clearly  cannot
prejudge its position regarding the content of any such amendments that may be made.