Airlines seek protection from passenger lawsuits over wartime flight cancellations

El Al, Delta, Air France and other carriers petition Israel's High Court to waive compensation for flights canceled during the 40-day airspace closure during Operation Roaring Lion, seeking similar exemptions in future wars as passenger lawsuits mount

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Several airlines are asking Israel's Supreme Court to exempt them from a law requiring compensation for passengers whose flights were canceled during Operation Roaring Lion, and to rule that airlines will not be required to compensate passengers for cancellations caused by future wars.
The request was made in a petition filed Tuesday by the International Air Transport Association (IATA), Air France, KLM, El Al, Delta Air Lines, Etihad Airways, Aegean Airlines, Bulgarian Air, Netivim Tours and Derech Tzadikim Tours, a travel agency specializing in working with the Haredi community. The petition, filed against the Israeli government, the transportation minister, the Finance Ministry and the Knesset, seeks to exempt the petitioners from the law requiring compensation for flights canceled during Operation Roaring Lion.
נתב"ג ריק
נתב"ג ריק
Ben Gurion airport was empty during the war with Iran
(Photo: Yuval Chen)
According to the petitioners, the outbreak of the military campaign in February effectively made it impossible for aircraft to take off from or land in Israel. The restrictions remained in place for 40 days, apart from evacuation flights. The petitioners say this was the longest closure of Israeli airspace in the country's history, making it an unprecedented situation that could occur again in the future.
Israel currently has an Aviation Services Law, commonly known as the Tibi Law, which requires airlines to compensate passengers in cases of flight cancellations, significant delays or changes to flight conditions, depending on the severity of the disruption.
The law also addresses exceptional circumstances through Section 9A, which was added in 2025. The provision allows the relevant minister to grant airlines relief in special circumstances, meaning the law's requirements would not have to be applied in full.
However, the airlines argue that, despite the existence of Section 9A, it was not invoked during Operation Roaring Lion, resulting in a wave of lawsuits against airline carriers.
The petitioners are asking the court to rule that the Tibi Law should not apply when flights are canceled because the relevant authorities have ordered a mandatory closure of Israeli airspace for an indefinite period, making it effectively impossible for airlines to operate the original flights or offer alternatives.
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