Malta International Airport has been ordered to pay more than €250,000 in damages to Air Malta and to an insurance company for the damages an Air Malta plane sustained in a bird strike.
Presiding over the First Hall of the Civil Court, Mr Justice Raymond C Pace concluded that MIS was responsible for the damages due to the lack of an adequate bird strike reduction system.
He delivered his judgement following a writ of summons filed by Air Malta and Shield Insurance Co (Guernsey) Ltd against MIA.
Air Malta told the court that on December 2, 2004, it was operating flight KM100 to London. When the Air Malta Airbus started its take off process from MIA, a sizeable flock of starlings flew into the plane's flight path.
The flight had to terminate abruptly for reasons of safety and the plane had eventually returned to MIA. Air Malta claimed that it had suffered damages of Lm107,551 to its plane as a result of this accident which was caused by the fact that MIA did not have an adequate bird strike reduction system in place.
Shield Insurance, as Air Malta's insurer, had paid the air carrier Lm51,961 in damages, while Air Malta had made good for the remaining Lm55,590 in damages it had sustained.
Mr Justice Pace said that plaintiff companies were basing their claim on the fact that MIA, as the operator of the Malta International Airport, had failed to observe the Convention on International Civil Aviation and had not installed adequate bird control measures.
On its part MIA said that the Convention offered guidelines and recommendations and did not impose legal obligations.
The court added that when MIA was entrusted with the running of the airport, it had been bound by the government to maintain and provide at all times, facilities and operations in compliance with International Civil Aviation Organisation (ICAO) Regulations from time to time.
As a result, MIA had a legal obligation to implement the recommendations and guidelines issued by the ICAO, including that of providing adequate bird strike protection systems.
MIA was therefore responsible for the accident.
The court ordered MIA to pay Air Malta €129,489.94 in damages and to reimburse Shield Insurance €121,037.34.
MIA REACTION
In a reaction, a spokesman for MIA insisted that the company conformed to the highest applicable standards as stipulated by the International Civil Aviation Organisation (ICAO) in all aspects of its operations.
"As to the court judgement itself the company is currently evaluating the contents of the judgement with its legal advisers and will be considering whether it should file an appeal."