June 2009

Phil Cameron's picture

Twitter Technology and the Revolution in Iran

Submitted by Phil Cameron on 30 June, 2009 - 05:03
The Revolution Will Be Microblogged: Iran's Election and the Power of Twitter
By Kevin Fayle on June 25, 2009 12:30 PM | No TrackBacks

http://blogs.findlaw.com/technologist/2009/06/the-revolution-will-be-microblogged-irans-election-and-the-power-of-twitter.html

Michael Wukoschitz's picture

European Court of Justice: national courts required to examine, of their own motion, unfairness of terms in consumer contracts

Submitted by Michael Wukoschitz on 28 June, 2009 - 19:46
Upon reference for preliminary ruling instituted by a Hungarian District Court (Budaőrsi Városi Bíróság), ECJ held that the protection which Directive 93/13/EEC on unfair terms in consumer contracts confers on consumers extends to cases in which a consumer who has concluded with a seller or supplier a contract containing an unfair term fails to raise the unfairness of the term, whether because he is unaware of his rights or because he is deterred from enforcing them on account of the c
Michael Wukoschitz's picture

USA: Al Anolik discussing cruise-safety on the radio

Submitted by Michael Wukoschitz on 26 June, 2009 - 11:37
In an interview with Sandy Dhuyvetter of Travel Talk Radio, Al Anolik, founding member and president emeritus of IFTTA, shared his views on the Cruise Vessel Security and Safety Act currently pending before the US Congress.

The interview can be read at eTurboNews here>>.
Michael Wukoschitz's picture

Austria: visit of traditional Krampus event at own risk

Submitted by Michael Wukoschitz on 25 June, 2009 - 19:41
At traditional Krampus events in Austria (Krampus = Santa's devilish helper, the guy that punishes the bad kids on St. Nicholas day) -mainly in the western provinces - the the young men of the villages walk and dance through streets disguised as Krampus wearing birchs scaring and incidentally whipping visitors.
Michael Wukoschitz's picture

Ireland: Non-extension of compulsory licensing to internet sites

Submitted by Michael Wukoschitz on 23 June, 2009 - 11:06
The Irish state regulator for tour operators and travel agents has advised the Irish government against extending the statutory compulsory licensing and bonding scheme to internet sellers of travel services.

Report available at http://www.transport.ie/viewitem.asp?id=11263⟨=ENG&loc;=432

Reported to IFTTA by Marc Mc Donald
Michael Wukoschitz's picture

USA: travel agents' class action against YTB partly dismissed

Submitted by Michael Wukoschitz on 10 June, 2009 - 20:28

Although the U.S. District Court in Illinois did not dismiss the case outright, it granted parts of YTB’s motion to dismiss a class action brought against the multilevel marketing travel company by former referring travel agents, who charged that YTB operated an illegal pyramid system.

The court dismissed allegations against YTB subsidiary Rezconnect and its CEO, Michael Brent, on grounds that the court did not have jurisdiction over the New Jersey-based business.

Michael Wukoschitz's picture

Spain: refrence for preliminary ruling on Montral Convention in regard to non-material damages

Submitted by Michael Wukoschitz on 10 June, 2009 - 17:14
Commercial Court Barcelona (Juzgado de lo Mercantil 4, Barcelona) filed a reference for preliminary ruling to the European Court of Justice on whether the limit of liability referred to in Article 22.2 of the Convention for the Unification of Certain Rules for International Carriage, signed in Montreal on 28 May 1999, included both non-material damage and material damage resulting from the loss of baggage.

Case C-63/09; Reference published OJ C 102 of 01.05.2009, p.11.
Michael Wukoschitz's picture

Austria: another reference for preliminary ruling in regard to jurisdiction and website advertising

Submitted by Michael Wukoschitz on 9 June, 2009 - 19:14
Plaintiff, a hotel company, is running a hotel in Austria and a related website, the latter also indicating plaintiff's email address. Defendant, a German consumer, had made a room reservation through email. Plaintiff is claiming for payment of room rate and filed a law suit at the Austrian court where the contract was performed. Defendant pleaded there was no jurisdiction in Austria: due to him being a consumer the law suit should have been filed in Germany. The first instance court (BG St.
Michael Wukoschitz's picture

Germany: no insurance protection for accident due to excessive sun exposure

Submitted by Michael Wukoschitz on 9 June, 2009 - 18:53
During her holidays on the beach, plaintiff doze off under an umbrella. As the shadow moved she got exposed to sunshine for several hours. When she got up she suffered a circular collapse, fell and banged her head against the concrete border of a flowerbed.

Her claim against the accident insurance was dismissed by German Supreme Court (BGH) as due to General Conditions of the insurance contract an exemption apllied to accidents caused by reduced conciousness.
Michael Wukoschitz's picture

European Court of Justice: national courts required to examine unfairness of contract terms of their own Motion

Submitted by Michael Wukoschitz on 9 June, 2009 - 18:34

Council Directive 93/13/EEC on unfair terms in consumer contracts provides that unfair terms used in a contract concluded with a consumer by a seller or supplier are not binding on consumers.

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