A state court ruled Thursday that Germany must pay damages to a Russian airline over a 2002 collision that killed 71 people, including 45 Russian children on their way to a summer vacation in Spain.
German authorities had argued that Swiss air traffic controllers should be liable because they were guiding the Bashkirian Airlines plane at the time it collided at 10,700 meters (35,000 feet) with a DHL cargo aircraft near the Swiss-German border.
But the court ruled that although the controllers in Zurich were guiding the plane, Germany remains legally bound to provide compensation because the accident occurred in German airspace.
Bashkirian Airlines had sought US$3.3 million (euro2.6 million) in damages from Germany. The court declined to rule on a sum that should be paid, however, saying it was awaiting a ruling from Russian legal authorities.
The airline was seeking the damages for the cost of its plane, a Tupolev TU154M, as well as release from liability of third parties, such as families who lost loved ones in the July 1, 2002, accident.
A report released in May 2004 listed a series of failings at Swiss air traffic controllers SkyGuide. But it also said confusing flying rules led the crew of the Russian passenger jet to make incorrect decisions as the two planes sped toward each other.
In 2004, families of the victims settled with SkyGuide for an undisclosed amount believed to be worth millions.
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