Cases

Michael Wukoschitz's picture

Austrian Supreme Court: hotelier liable for legionella disease

In April 2003, the plaintiff stayed at the defendant's hotel. When using the shower she caught a legionella infection which led into a pneumonia. The reason for the contamination of the bathing water was an insufficient circulation speed which made the water cool down to a temperature that stimulated the reprduction of legionella bacteria. Up to (at least) March 2003, the hotelier had engaged a plumber to take care of the maintenance of the water pipe system.

Michael Wukoschitz's picture

Canada: Ontario Superior Court of Justice decides on Montreal Convention exclusivity

On January 14, 2011, Ashlyn O’Hara was a passenger on Air Canada Flight AC878  from Toronto to Zurich. During the flight, the First Officer went to sleep for approximately  75 minutes. When the First Officer awoke, the Captain informed him that a United States Air Force Boeing C-17 had appeared as a traffic alert and collision avoidance system target on the flight’s navigational display. The Captain apprised the First Officer of this traffic.

Michael Wukoschitz's picture

Australia: Supreme Cout of Queensland decides in 'cramped' air passenger case

The plaintiff, a general medical practitioner, claimed damages for personal injuries allegedly sustained whilst travelling on an international flight between Australia and the United States of America on 9 December 2008. He alledged that his seat did not fully recline and that the passengers seated in the row immediately in front of him kept their seats reclined the entire flight. In the leg room space that would otherwise have been fully available to the plaintiff below the seat immediately in front of him, there was positioned an audio-visual box occupying part of that space.

Laurence Gore's picture

U.S. ...Jurisdiction re Eurail Pass

Court - personal jurisdiction over foreign common carrier

Michael Wukoschitz's picture

UK: Court of Appeal decides in broken glass door case

The case relates to an accident suffered by the plaintiff when on holiday in Barbados in September 2008. She had gone onto the balcony of her hotel room to read a book, closing
behind her the sliding glass balcony doors. When the telephone in her room rang a short time later, she got up from her chair and made to go back to the room, but she walked into

Michael Wukoschitz's picture

CJEU decides on jurisdiction in package travel case

The plaintiffs, domiciled in Bludesch (Austria), booked and paid for themselves, as private individuals, a package holiday to Egypt on the website of a German online travel agent. The OTA, a company whose registered office is in Munich (Germany), stated that it acted as the travel agent and that the trip would be operated by a particular our operator, which has its registered office in Vienna (Austria).

Michael Wukoschitz's picture

European Court of Human Rights: few hours' detention of airline passenger for airport security checks not excessive

In its decision in the case of Gahramanov v. Azerbaijan (application no. 26291/06) the European Court of Human Rights (ECHR) has, by six votes to one, declared the application inadmissible. The decision is final.

Michael Wukoschitz's picture

CJEU: Including fingerprints in passports is lawful

Mr Schwarz applied to the Stadt Bochum (city of Bochum, Germany) for a passport, but refused at that time to have his fingerprints taken. After the city rejected his application, Mr Schwarz brought an action before the Verwaltungsgericht Gelsenkirchen (Administrative Court, Gelsenkirchen, Germany) in which he requested that the city be ordered to issue him with a passport without taking his fingerprints. Regulation No 2252/2004 provides that passports are to include a highly secure storage medium which must contain, besides a facial image, two fingerprints.

Michael Wukoschitz's picture

USA: DOT fines United Airlines USD 1.1 million for lengthy tarmac delays

The U. S. Department of Transportation (DOT) on Oct. 25, 2013, fined United Airlines USD 1.1 million for lengthy tarmac delays that took place at Chicago-O’Hare International Airport on July 13, 2012.   The airline was ordered to cease and desist from future violations of the tarmac-delay rule. This is the largest fine assessed for a tarmac-delay violation since the rule limiting long tarmac delays first took effect in April 2010.

Michael Wukoschitz's picture

European Court of Human Rights affirms internet news portal's liability for offensive online comments of its readers about a ferry company

In January 2006, Delfi AS, a public limited company registered in Estonia and owner of one of the largest internet news sites in the country, published an article on its webpage about a ferry company. It discussed the company’s decision to change the route its ferries took to certain islands. This had caused ice to break where ice roads could have been made in the near future. As a result, the opening of these roads – a cheaper and faster connection to the islands compared to the ferry services – was postponed for several weeks.

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