Strike of air controllers. Patrimonial responsibility

Comment to the Judgment of the National Hearing of 10 July 2013

Abstract

The court of the National Hearing has rejected the first decision of the central court of the Contentious thing to indemnify to a wholesale company of trips with 300.000 Euros for the hurts caused by the strike of the controllers in December, 2010 on having understood that the European jurisprudence denies the protection to the economic claims of that strike. This way, the Room annuls another judgment in the one that was condemning AENA to take charge of the patrimonial responsibility by that strike that, we remember, it forced the Government to declare state of alert and to mobilize the Army. The Court, in the first instance, had condemned AENA being based on a regulation on the cancellation of flights but now this Court declares that this text is not applicable to ask for indemnifications on the part of the airlines to the State, but for the claims of the clients to the companies for the delays of his flights. The regulation and European judgments as for compensation and assistance to the air passengers do not protect the economic claims of affected by the strike of controllers of the 3rd, December 4 and 5, 2010.