Aviation Law
April 13th, 2026
The recent military escalations in the Middle East, particularly involving Iran, are having far-reaching effects on air traffic in the region. Airspace is being temporarily restricted or entirely closed, necessitating flight cancellations and rerouting. For airlines, this creates not only operational but also significant legal challenges. It is only a matter of time before the first passenger claims arising from delayed or cancelled flights are asserted. At the center of such claims are Regulation (EC) No 261/2004 and the Montreal Convention.
Documentation are essential for a defence
For a successful defence against claims under Article 7 of Regulation (EC) No 261/2004 and Article 19, S. 1 of the Montreal Convention, it is advisable to begin securing all relevant documentation now to ensure complete, well-structured, and readily accessible records of flights affected by the Iran conflict and the wider Middle East situation. Given that such claims are often asserted years later, the early and comprehensive preservation of documentation is crucial to substantiate and evidence extraordinary circumstances and the measures taken. Ideally, it should be possible to reconstruct the full timeline of all the relevant decisions. If the documentation is only compiled at the time the claim is filed, there is a significant risk of losing in court due to incomplete records, even where a defence would have been viable from a legal standpoint.
We have developed a practice guide for airlines on defending passenger claims in the context of the Iran conflict. This guide provides a structured overview of potential claims under both Regulation (EC) No 261/2004 and the Montreal Convention. It also outlines possible legal defence strategies, the requirements that must be met, and the documentation needed.
Below is a brief overview of the types of documents and information relevant for an effective defence; a comprehensive checklist will be found in the aforementioned practice guide:
- Which flight routes were open and which were closed? What alternative routings were considered?
- Documentation of decisions taken by the Operations Control Center – in particular, when was what decided by whom?
- Were there any rescue or repatriation flights? If so, how were they organised?
- ATC communications
- Eurocontrol notifications
- Airport security advisories
- Governmental or regulatory orders
- NOTAMs
- Airline dispatch and crew scheduling logs
We would be pleased to provide you with this practical guide upon request.
