In the case of Berenguer v. Sata Internacional - Azores Airlines, S.A. dated August 16, 2023, appellant Dora Berenguer initiated a proposed class action in the Federal Court, seeking relief for herself and fellow passengers of a foreign airline who had faced flight delays to or from Canada. However, the action was dismissed based on preliminary motions, which prompted the appellant to appeal to a higher court. The respondent, SATA is a Portuguese airline, operated passenger flights, with its primary hub in Ponta Delgada, Azores, Portugal. Two motions were presented to the Federal Court. In one motion, the appellant aimed to certify the action as a class proceeding, but this was dismissed as the appellant had failed to meet the required conditions. The court had found issues with the amended statement of claim, which lacked a reasonable cause of action, and deemed the class action inappropriate. The other motion, initiated by SATA Internacional, had sought to strike out the amended statement of claim under the Federal Courts Rules, claiming it lacked a reasonable cause of action. The Federal Court had ruled in favor of SATA Internacional on the grounds of jurisdiction and the application of the Montreal Convention. The higher court found errors in the Federal Court's assessment of the cause of action but upheld the decision to not certify the class action. The appeal had been allowed, and the order to strike out the amended statement of claim had been set aside. Costs had not been awarded.