May 2017

Michael Wukoschitz's picture

CJEU Advocate General: Uber can be required to obtain the necessary licences under national law

In 2014 the Asociación Profesional Elite Taxi (‘Elite Taxi’), a professional organisation representing taxi drivers in the city of Barcelona, brought an action before Commercial Court No 3 in Barcelona asking the court, inter alia, to impose penalties on the Spanish company Uber Systems Spain SL (‘Uber Spain’), a company belonging to a group managing the Uber platform, for engaging in unfair competition towards Elite Taxi’s drivers. In particular, Elite Taxi maintained that Uber Spain is not entitled to provide the UberPop service in the city of Barcelona.

Michael Wukoschitz's picture

Germany: no free termination of package contract because of voided passports

The plaintiff had booked a holiday package to the U.S. organized by the defendant. She was supposed to travel to the U.S. together with her husband and her daughter on May 19, 2013. In January 2013 she applied for new passports for her daughter and herself which were issued and sent to her accordingly. However, as the authorties did not receive any confirmation of delivery, it was assumed that the passports had got lost and therefore they were declared void. However, no information was provided to the plaintiff.

Michael Wukoschitz's picture

IFTTA Law Review 1-2017 now online

The IFTTA Law Review 1-2017 contains a Message of the President by Marc McDonald, an article on hotel liabilty in personals injury cases by Arie Odinocki, George Nathanael and Hilary Wise and a report on the 6th IFTTA North America Conference by Doug Crozier. It is now available as pdf in the members area of the website.

Michael Wukoschitz's picture

CJEU clarifies burden of proof for timely information on flight cancellation

In case of cancellation of a flight, according to Article 5 of Regulation (EC) No 261/2004 the carrier shall be exempt from the obligation to pay compensation if the passengers were informed of the cancellation at least two weeks before the scheduled time of departure.

Michael Wukoschitz's picture

CJEU: bird strikes qualify as "extraordinary circumstances"

In a highly anticipated judgement, the CJEU held  today that a collision between an aircraft and a bird, as well as any damage caused by that collision, are not intrinsically linked to the operating system of the aircraft, with the result that such a collision is not by  its nature or origin inherent in the  normal exercise of the activity  of the air carrier concerned and  is outside its actual control.  Accordingly,  a collision between an  aircraft and a bird is an extraordinary circumstance within the meaning of the regulation.

Michael Wukoschitz's picture

CJEU asked to decide on price quotation for air tickets - which currency?

Article 23 of Reg. (EC) No 1008/2008 provides that with regard to air fares and air rates available to the general public, the final price to be paid shall at all times be indicated and shall include the applicable air fare or air rate as well as all applicable taxes, and charges, surcharges and fees which are unavoidable and foreseeable at the time of publication. However, there is no explicit rule on a particular currency to be used.

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