90-Year-Old Israeli Leads Class Action Against ITA Airways Over Flight Cancellation
A 90-year-old Israeli and her son won court approval to proceed with a class-action lawsuit against ITA Airways after being stranded in Rome without assistance during wartime.
A nearly 90-year-old Israeli citizen and her son have successfully advanced a class-action lawsuit against Italy's national airline, ITA Airways, following the cancellation of their return flight from Rome to Tel Aviv during the war. Judge Avi Gorman of the Central District Court partially approved the motion to certify the class action, paving the way for the core claims to be litigated unless the parties reach an out-of-court settlement.
The plaintiffs filed their request in 2024 after their August 2024 flight, along with 11 family members, was canceled just three days before departure. According to the lawsuit, the airline refunded the ticket costs but left the family stranded abroad without alternative flights or essential assistance services, including lodging, food, and ground transportation. Consequently, the family incurred roughly 12,500 euros out of pocket to secure their return.
Turning Into Travel Agents
Represented by attorneys David Schwartzbaum, Shahar Gurbitz, and Ophir Levy from the Markman Tomchin & Co. law firm, the plaintiffs argued that the foreign carrier abandoned them in a foreign country without operational guidance. They testified that they were forced to act as self-directed travel agents to map out an alternative route home, extending their stay abroad by two days.
Ultimately, the family returned in separate groups: 11 members traveled via Cyprus through Larnaca and Paphos, while four flew via Athens. The plaintiffs maintained that merely refunding the canceled ticket fails to fulfill an airline's legal obligations under Israeli aviation statutes.
Airline Defense and Judicial Ruling
In its defense, ITA Airways urged the court to dismiss the certification request, arguing that the flight was canceled due to the ongoing hostilities that erupted following the October 7 massacre. The carrier stated that in early August 2024, an airspace risk-monitoring firm elevated its threat level for Ben Gurion Airport to level 5 following the assassination of Ismail Haniyeh in Tehran in late July 2024. The airline asserted that the cancellation notice directed the passengers to its information center for assistance, which they allegedly failed to use.
Furthermore, the carrier argued that its duty is strictly limited to refunding the original ticket price and that it holds no obligation to cover alternative tickets purchased on other carriers. Judge Gorman ruled that while temporary wartime regulations exempted airlines from statutory financial compensation during specific periods, they did not suspend obligations to provide assistance services and alternative travel options.
"The Aviation Services Law requires a flight operator, in the event of a cancellation, to provide passenger assistance services, refund the payment, or supply an alternative flight ticket according to the passenger's choice, and to inform them of this right. These duties were not excluded by the emergency regulations," Judge Gorman wrote.
The certified class action covers any individual whose flight to or from Israel was canceled or delayed by the Italian airline between October 7, 2023, and November 11, 2026—the date of the certification ruling—without receiving statutory assistance or alternative flight options. Individuals who have filed or will file personal lawsuits prior to the final judgment are excluded from the class.
Attorney David Schwartzbaum welcomed the judicial decision:
"The war can cancel flights, but it does not cancel passenger rights. An airline cannot leave people stranded in a foreign country without assistance and without a solution. We view this ruling as an important achievement."
In response, ITA Airways emphasized that the court's decision does not constitute a finding of legal liability or guarantee compensation, noting that the tribunal recognized the exceptional security context surrounding the August 2024 cancellations. The airline stated it is evaluating its legal options and will not issue further comments while proceedings remain active.
