WRITTEN QUESTION No. 3485/97 by Richard HOWITT to the Commission. 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, international convention, traveller, war

C 158/126

EN

Official Journal of the European Communities

25. 5. 98

invasion  in  the  Gulf  War,  will  the  Council  consider  any  possible  European  Union  competence  in  relation  to
possible investigation?

In particular will the Council advise on aspects of European Union law which may be relevant, given the fact
passengers in France have received compensation from BA following court action there, but fellow UK residents
have been denied compensation in their own country?

Answer

(12 February 1998)

The  Council  would  draw  the  Honourable  Member(cid:146)s  attention  to  the  fact  that  Council  Directive  94/56/EC  of
21  November  1994  (OJ  L  319,  12.12.1994,  p.  14)  establishing  the  fundamental  principles  governing  the
investigation of civil aviation accidents and incidents simply places Member States under an obligation to have
every accident or serious incident (Article 4) investigated by a functionally independent body or entity in each
Member State (Article 6).

Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (OJ L 285, 17.10.1997), as
its title indicates, covers only damage sustained by passengers in the event of accidents.

The Council would remind the Honourable Member that it is for the Commission to ensure that the provisions of
the Treaty establishing the European Community and the measures taken by the institutions pursuant thereto are
applied.

(98/C 158/164)

WRITTEN QUESTION E-3485/97

by Richard Howitt (PSE) to the Commission

(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,  will  the  Commission  consider  any  possible  European  Union  competence  in  relation  to  possible
investigation?

In particular will the Commission advise on aspects of European Union law which may be relevant, given the fact
passengers in France have received compensation from BA following court action there, but fellow UK residents
have been denied compensation in their own country?

(98/C 158/165)

WRITTEN QUESTION E-3487/97

by Richard Howitt (PSE) to the Commission

(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 Commission 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?