MDM Legal, representing KLM Royal Dutch Airlines, has notified the European Council of an inconsistency between the English and Romanian versions of Regulation (EC) no. 2612004 of the European Parliament and of the Council, which directly affected its client and other airline operators. As a result of the firm’s notification, the linguistic error was rectified in April 2016.
The specific issue, according to MDM Legal, was that, while the terms of “air carrier” and “operating air carrier” were well defined in both languages — "an air carrier that performs or intends to perform a flight under a contract with a passage or on behalf of another person, legal or natural, having a contract with that passenger” — the Romanian version of the EC Regulation used the term of "air carrier/operatorul de transport aerian" instead of "operating air carrier/operator efectiv de transport aerian," whereas all the other language versions of the Regulations use the definition for "operating air carrier.”
In arguing the need for the regulation to be updated, MDM instructed the European Council to: "Note that the current provisions of the Romanian form of the Regulation are misleading for the public and may lead to erroneous interpretation, which may cause damages to the interested parties when invoking such provisions.”
Commenting on the case, MDM Partner Cristian Bacanu said: "We are proud to have been given the opportunity to represent KLM Royal Dutch Airlines in this important matter, affecting not only all aviation operators present in Romania but also all the passengers who will now know to directly address the effective flight operators rather than the flight operator.”
Bacanu led the MDM Legal team with the support of Associates Andreea Gheorghiu and Alexandra Gheorghiu.