A bird strike has proved costly for Malta International Airport, which was yesterday ordered to pay €250,000 in damages to Air Malta and an insurance company.

The national carrier submitted in court that on December 2, 2004 flight KM100 was leaving for London when a sizeable flock of starlings flew into the plane’s flight path. The flight had to be aborted for safety reasons and the plane returned to base.

Air Malta said the plane sustained damages amounting to €250,526 and it blamed MIA for not having an adequate bird strike reduction system in place.

Shield Insurance Co. (Guernsey), as Air Malta’s insurer, paid the carrier €121,036 in damages and Air Malta covered the rest.

Mr Justice Raymond Pace said both the airline and the insurance company were basing their claim on the fact that MIA had failed to observe the Convention on International Civil Aviation and had not installed adequate bird control measures.

MIA argued that the convention offered guidelines and recommendations but did not impose legal obligations.

The court ruled that when MIA was entrusted with running 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 regulations.

As a result, MIA had a legal obligation to implement the recommendations and guidelines issued, including that of providing adequate bird strike protection systems. MIA was, therefore, responsible for the accident.

The court ordered it to pay Air Malta €129,489.94 in damages and to reimburse Shield the sum of €121,037.34, which it had paid to Air Malta in damages.

Last night, MIA issued a statement saying it conformed to the highest International Civil Aviation Organisation standards.

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