Given that the Aviation Services Law is a specific and later law than the Air Transport Law, the said Convention does not detract from the rights granted in the Aviation Services Law, and "in light of the explicit words of the Exception of the Cause of Action Clause, an air carrier may not be sued on grounds other than by virtue of the Aviation Services Law, in circumstances in which the Montreal Convention applies" (while referring to case law).
Although Section 16 of the Aviation Services Law states that "the provisions of this Law do not derogate from the provisions of any law, including the right of a passenger to compensation under any law", but this is a section of preservation of laws - the laws that existed prior to the application of the Aviation Services Law, and this right continues to exist, and it does not establish the right to sue for additional damages for damages under the Aviation Services Law. Not in accordance with the Convention or the Air Transport Law. This matter is also expressed in the explanatory notes when it is stated there that it is proposed to determine that a passenger's entitlement to benefits and compensation under the provisions of the proposed law will not negate his entitlement to compensation under any law, for example under the Torts Ordinance [New Version]...", with the goal being not to derogate from previously existing rights, as opposed to the creation of additional rights beyond those that existed prior to the entry into force of the Aviation Services Law.
In Civil Case 60510-07-17 Dalia Karni et al. v. El Al Israel Airlines Ltd. (January 28, 2018) it was held that "The interpretation of the Aviation Law cannot lead to the conclusion that it is possible to refer to other laws to receive compensation for the flight delay, when the legislature has already established the mechanism for regulating this issue." These words were further expressed in a small lawsuit 51140-08-18 Orly Debbie v. Arkia Israeli Airlines (3.12.18) where it was ruled that "... It is highly doubtful whether there is any other law by virtue of which compensation can be imposed, taking into account the principle of the uniqueness of the cause set forth in section 10 of the Air Transport Law of 1980, and even if there was doubt whether it would have the power to override the provisions of the Aviation Services Law... In circumstances in which the legislature sought to provide a response to situations that were not regulated by legislation until the law was enacted. In another determination, it would have contradicted the legislature's intention to save litigation by way of establishing a uniform and simple compensation mechanism. Therefore, my conclusion is that the compensation of the plaintiffs in the circumstances is possible only by virtue of the provisions of the Aviation Services Law.". Indeed, on page 12 of the explanatory notes to the bill it was noted that it is proposed to establish that a passenger's entitlement to compensation under any law will not be denied, for example. The Torts OrdinanceHowever, in accordance with the laws of torts, the passenger will not be entitled to double entitlement due to the same cause, and therefore if the cause of action is denied for compensation, then it cannot be circumvented. Article 16 The law does not establish an entitlement that did not exist previously, and it is a right to compensation under any law beyond what is stipulated in the Aviation Services Law - the right to sue for damages under the Convention or under Air Transport Law And this entitlement continues to exist and it does not cancel the clauses of the uniqueness of the cause of action in the Convention and the Air Transport Law (in this regard, see an overview of a small claim). 13689-01-23 Yaffa Nozitsa v. El Al Air Lines (September 5, 2023)) and therefore compensation not in accordance with the Aviation Services Law can only be given in accordance with the provisions of the Montreal Convention). Article 16 The Aviation Services Law ostensibly refers us to the law of contracts and torts, but if we get out of the Aviation Services Law, we move To Section 10 The Air Transport Law, which deals with the uniqueness of the cause of action under the Montreal Convention, and therefore the Aviation Services Law or Air Transport Law or the Montreal Convention. And the triangular thread will not be cut off quickly...