ICAO raises airline liability limits
The International Civil Aviation Organization (ICAO) has decided to raise the liability limits in the 1999 Montreal Convention again. The inflation factor has increased by more than 10% since 2018, and as a result, the liability limits have been raised.
According to the Montreal Convention, ICAO must revise the liability limits in the Montreal Convention every 5 years. The last time the limits were raised was in 2019. ICAO has now announced that the limits need to be increased again due to the inflation factor having increased by more than 10% since 2018.
According to the Montreal Convention, the new limits must enter into force six months after ICAO has notified the states. This means that the new limits will apply from 28 December 2024. The new limits will apply to most of the world.
The table below shows the percentage increase from the last revision to now. The increase is approximately 18%.
According to the Montreal Convention, ICAO must revise the liability limits in the Montreal Convention every 5 years. The last time the limits were raised was in 2019. ICAO has now announced that the limits need to be increased again due to the inflation factor having increased by more than 10% since 2018.
According to the Montreal Convention, the new limits must enter into force six months after ICAO has notified the states. This means that the new limits will apply from 28 December 2024. The new limits will apply to most of the world.
The table below shows the percentage increase from the last revision to now. The increase is approximately 18%.
Liability category | The original liability limits | 2019-limits | 2024-limits | Percentage increase |
---|---|---|---|---|
Personal injury compensation (MC99 art. 21) | 100,000 SDR |
128,821 SDR |
151,880 SDR |
17,9 % |
Passenger delay (MC99 art. 22(1)) | 4,150 SDR |
5,346 SDR |
6,303 SDR |
17,9 % |
Damage, loss, or delay of baggage (MC99 art. 22(2)) | 1,000 SDR |
1,288 SDR |
1,519 SDR |
17,9 % |
Damage, loss, and delay of goods (MC99 art. 22(3)) | 17 SDR |
22 SDR |
26 SDR |
18,2 % |
IUNO's opinion
At IUNO, we consider the significant increase in liability limits a sign that ICAO has become more aware that liability limits are not eroded by inflation and that ICAO wants to protect passengers and other injured parties more effectively.
Airlines should know they may be liable for significantly higher claims than before. The airlines' general terms and conditions must be brought up to date, as well as their websites and brochures.
[Proposal for an act to amend the Danish Aviation Act and to repeal the act on extension of Denmark's participation in the Scandinavian aviation cooperation presented on 2 October 2024]
IUNO's opinion
At IUNO, we consider the significant increase in liability limits a sign that ICAO has become more aware that liability limits are not eroded by inflation and that ICAO wants to protect passengers and other injured parties more effectively.
Airlines should know they may be liable for significantly higher claims than before. The airlines' general terms and conditions must be brought up to date, as well as their websites and brochures.
[Proposal for an act to amend the Danish Aviation Act and to repeal the act on extension of Denmark's participation in the Scandinavian aviation cooperation presented on 2 October 2024]
Similar
The team

Aage
Krogh
Partner
Adam
Harding Ryyd Lange
Senior legal assistant
Albert
Berg Giese
Junior legal assistant
Amalie
Bjerre Hilmand
Senior legal advisor (leave of absence)
Anna
Bonander
Legal advisor
Anna
Kreutzmann
Legal manager (leave of absence)
Anne
Voigt Kjær
Senior legal assistant
Anton
Winther Hansen
Senior legal advisor
Ashley
Kristine Morton
Legal advisor
Aurora
Maria Thunes Truyen
Associate
Bror
Johan Kristensen
Senior legal advisor
Caroline
Sofie Urup Malmstrøm
Junior legal assistant
Chris
Anders Nielsen
Senior legal advisor
Cille
Fahnø
Junior legal advisor
Clara
Caballero Stephensen
Junior legal advisor
Daniel
Bornhøft Nielsen
Legal assistant
Ea
Tingkær Hesselfeldt
Legal assistant
Ellen
Priess-Hansen
Senior legal assistant
Elvira
Feline Basse Schougaard
Senior legal advisor
Ema
Besic-Ahmetagic
Legal advisor
Feline
Honoré Jepsen
Legal assistant
Fiona
Wahl
Junior legal assistant
Fransine
Andersson
Senior legal advisor
Frederikke
Østerlund Haarder
Senior legal assistant
Frida
Assarson
Associate
Gustav
Vestergaard
Senior legal assistant
Holger
Koch-Klarskov
Legal advisor
Ian
Englev Jensen
Legal assistant
Ida
Marie Skovgaard Rubæk
Legal manager
Izabell
Celina Bastrup Lüthje
Senior legal assistant
Jacqueline
Lucia Chrillesen
Legal assistant
Johanne
Berner Nielsen
Senior legal assistant (leave of absence)
Julia
Wolfe
Legal advisor
Kaisa
Maria Falkenberg Lending
Junior legal assistant
Kaisa
Nova Ordell Guldbrand Thygaard
Legal advisor
Karl Emil
Tang Nielsen
Senior legal assistant
Karoline
Halfdan Petersen
Senior legal manager
Kateryna
Buriak
Legal advisor
Laura
Jørgensen
Senior legal advisor
Luna
Bennesen
Legal assistant
Marie
Møller Christensen
Junior legal advisor
Mathias
Bech Linaa
Legal advisor
Maya
Cecillia Jørgensen
Senior legal advisor
Mie
Lundberg Larsen
Junior legal advisor
Nikita
Brinck Søberg
Senior legal assistant
Nourchaine
Sellami
Legal advisor
Rosa
Gilliam-Vigh
Legal advisor
Selma
Agopian
Senior Associate, EU-advokat
Selma
Klinker Brodersen
Legal advisor
Silja
Brünnich Fogh von Deden
Legal assistant
Silje
Moen Knutsen
Legal advisor
Stine
Bank Olstrøm
Senior legal assistant
Ulrikke
Sejersbøl Christiansen
Junior legal advisor
Victoria
Mai Gregaard Handberg
Legal advisor (leave of absence)