Cases

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).

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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.

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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.

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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.

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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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USA: Appelate court decides on angry passenger's Facebook and Twitter posts about an airline employee

An operations agent employed by Southwest Airlines brought an action against a passenger for posting allegedly false and defamatory statements on Twitter and Facebook regarding actions taken by agent when passenger attempted to board a flight. The plaintiff alledged that the defendant knowingly and intentionally, or in the alternative, with reckless disregard for the veracity of her statements had stated that she had been treated in a very impolite way when she wnated to board the aircraft togehter with her four-year-old daughter.

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France: Court of Appeal affirms fine for price fixing in the leisure and tourism sector

In a decision of June 6, 2013, the Paris Court of Appeal upheld a decision of the French Competition Authority fining the Géfil trade association and ten consulting firms in the leisure, culture and tourism engineering sector a total amount of EUR 660.700 for having issued instructions to use “fair prices” and to avoid “dumping” and “price wars”. These instructions were found to have been used as a benchmark for price quotations filed by consulting firms in response to calls for tenders.

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UK: Court of Appeal clarifies "accident" according to Article 17 of the Montreal Convention

 The plaintiff had a history of some gynaecological issues and she had been prone to recurrent symptoms suggestive of urinary infection, ie. cystitis. She had treated herself and had bought "over the counter" medication to take if she had an episode of it.  She had packed this medication in her main luggage before going on her flight from London Heathrow to Melbourne via Kuala Lumpur with the defandant carrier.  Before the plainitff boarded the aircraft she urinated normally at about 9pm.

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USA: DOT fines Virgin America for failing to make safety videos accessible to passengers with hearing impairments

The U.S. Department of Transportation (DOT) fined Virgin America USD 150,000 for failing to make its in-flight safety video accessible to passengers with hearing impairments.  The airline also was ordered to cease and desist from further violations.

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Australia: hotel not liable for security guard

The appellant was a patron at the respondent Hotel on the night of 4 July 2008. The manager on duty that night formed the view the appellant was intoxicated, and after speaking with the Hotel's licensee, instructed a security guard to remove her from the premises. He did so by pulling the stool on which the appellant was seated out from underneath her. The appellant fell to the floor and was injured. The security guard was employed by a company called "Checkmate".

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