Cases

European Court of Justice decides in two denied boarding cases

Submitted by Michael Wukoschitz on 7 October, 2012 - 15:23

On Oct. 4, 2012, the ECJ has published two judgements in denied boarding cases. In both judgements, the ECJ held that the concept of ‘denied boarding’ pursuant to Reg. (EC) 261/2004 relates not only to cases of overbooking but also to those concerning other grounds, such as operational reasons.

Florida: Costa Concordia lawsuit dismissed

Submitted by Michael Wukoschitz on 2 October, 2012 - 18:16

A lawsuit against Carnival Corp. stemming from the Costa Concordia accident was dismissed Sept. 28 in Florida. The judge stated it should be refiled in Italy. About 1,000 businesses on the island of Giglio, where the Costa ship capsized, moved to sue Carnival in Miami, where it is headquartered, instead of Italy, where Costa is based.

Source: Travel Pulse; find article here>>.

Germany: one more reference for ECJ preliminary ruling on Reg. (EC) 261/2004

Submitted by Michael Wukoschitz on 2 October, 2012 - 18:09

On June 29, 2012, the German Landgericht Frankfurt am Main has lodged a new refrence for preliminary ruling to the ECJ on the following question:

USA: cruise ship forum-selection clause upheld

Submitted by Michael Wukoschitz on 27 September, 2012 - 05:46

The US Court of Appeals for the Eleventh Circuit affirmed dismissal of an action brought by the estate of a passenger against the operator of a cruise ship on which the passenger died after contracting a bacterial infection. The dismissal was made on the basis of the forum-selection clause in the passage contract, which provided that all personal injury claims were to be litigated in the courts of England and Wales and be governed by English law.

Australia: Indonesian national airline not immune from legal action by the Australian Competition and Consumer Commission

Submitted by Michael Wukoschitz on 21 September, 2012 - 08:45

The Australian High court has ruled on 7 September 2012 that Indonesian national airline Garuda isn't immune from legal action by the Australian Competition and Consumer Commission (ACCC). Since 2008, the ACCC has been pursuing a number of airlines, including Garuda in relation to alleged price fixing and anti-competitive conduct relating to surcharges applied to the carriage of air freight. Garuda contended that they were immune from the ACCC proceedings under the Foreign States Immunities Act 1985 (FSI Act).

USA: defamation lawsuit against TripAdvisor dismissed

Submitted by Michael Wukoschitz on 12 September, 2012 - 07:12

TripAdvisor.com provides information on various hotels, resorts and restaurants worldwide. Visitors to TripAdvisor's website can review these businesses by responding to surveys or post comments about their personal experiences. Based on these reviews, TripAdvisor compiles and publishes rankings, categorizing the businesses listed. In 2011 a ranking of "dirtiest hotels" identified the Grand Resort Hotel & Convention Center in Pigeon Forge, Tennessee, as the "dirtiest hotel in America".

USA: court decides on passenger complaint against cruise ship operator

Submitted by Michael Wukoschitz on 12 September, 2012 - 06:45

The US Court of Appeals for the Eleventh Circuit ruled that a complaint filed by passengers against a cruise ship operator that alleges specific facts that, if proven, would sustain a finding of negligence is sufficient to withstand a motion for dismissal. In the instant case, plaintiffs alleged that an employee of the cruise ship operator encouraged them to go on a specific excursion during an island port call. They went on the excursion which included transportation on an open-air bus. The bus encountered the funeral service for a member of a local crime gang.

CJEU: no distance contract required for consumer forum pursuant to Brussels I Regulation

Submitted by Michael Wukoschitz on 6 September, 2012 - 11:14

Upon reference of the Austrian Supreme Court (OGH), the CJEU has held in its judgement of Sep. 6, 2012 in Case C-190/11 (Mühlleitner) that the consumer’s possibility of bringing proceedings before the courts of his Member State against a trader domiciled in another Member State is not subject to the condition that the contract was concluded at a distance.

German Court challenges EU Regulation on security standards for passports and travel documents

Submitted by Michael Wukoschitz on 3 September, 2012 - 12:18

In the case concerned, the claimant had filed for a new passport but refused to provide his finger prints. The city of Bochum has therefore denied the issuance of the passport and the claimant filed a law suit against the city of Bochum before the Administrative Court Gelsenkirchen.

The court has doubts whether

UK: airlines to include debit card surcharges in headline prices

Submitted by Michael Wukoschitz on 3 September, 2012 - 11:40

Following enforcement action of the U.K. Office of Fair Trading (OFT), 12 airlines have agreed to include debit card surcharges in the headline price rather than surprise consumers at the end of the booking process. Any surcharges for paying by credit card will be easy to find when booking online. Aer Lingus, BMI Baby, Eastern Airways, easyJet, Flybe, German Wings, Jet2, Lufthansa, Ryanair, Thomas Cook, Thomson (TUI) and Wizz Air were subject to an OFT consumer law investigation and have agreed to change their practices.

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