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Missing the Statute of Limitations for Claims Against an Airline

Cases
In 2022, a passenger traveling with an airline flew on the route Moscow–Zanzibar–Moscow. However, the scheduled return flight on February 25, 2022, was canceled. As a result, the passenger was forced to purchase tickets for an alternative flight via Qatar and incurred additional accommodation expenses. This prompted the passenger to file a lawsuit seeking compensation for damages, moral harm, and penalties, totaling approximately 900,000 rubles.

The airline’s interests in court were represented by lawyer Yury Morozov, who successfully demonstrated the groundlessness of the plaintiff’s claims under international law. The defense’s key arguments included:

  1. Primacy of the Montreal Convention (Article 15 of the Russian Constitution; Article 3 of the Air Code), which limits airline liability to compensation for actual damages only, excluding penalties and moral harm.
  2. Expiration of the statute of limitations under Article 35 of the Montreal Convention for claims related to international carriage.

During proceedings, the court rejected the argument that the Special Military Operation constituted force majeure. At the time of the flight cancellation (February 2022), the airline faced no operational restrictions. The airline’s official announcement suspending flights to Russia was only issued on March 14, 2022—weeks after the cancellation. Air travel between Russia and Ethiopia remained operational, and airspace for foreign carriers (except those from "unfriendly" states) remained open.

Ultimately, lawyer Morozov’s defense strategy—based on the inapplicability of Russia’s Consumer Protection Law to international air carriage and the lapsed statute of limitations—proved successful. After reviewing evidence and arguments, the judge of Kolomna City Court (Moscow Region) dismissed all claims in full (Case No. 2-1099/2025).