German Federal Contitutional Court held that § 14.3 of the German Aviation Security Act (Luftsicherheitsgesetz – LuftSiG), which authorised armed forces to shoot down aircrafts intended to be used as weapons against human lives, was incompatible with the Basic Law and hence void. This was decided by the First Senate of the Court in its judgment 1 BvR 357/05 of 15 February 2006. The Federal Constitutional Court held that the Federation lacks legislative competence to issue such regulation in the first place.
By February 16 2006 each EU member state will have to communicate to the commission all air carriers that are subject to an operating ban in its territory. Within one month the commission will then decide on the imposition of an operating ban throughout the EU and establish a joint list. At least every three months, the commission should consider whether the list needs to be updated. For this reason, member states and the European Aviation Safety Agency should communicate all relevant information to the commission. The list will be published on the Internet and in the Official Journal.
German Supreme Court (BGH) confirmed an order by Frankfurt Airport against a human rights campaigner to stay away from the airport premises. The campaigner had handed out flyers to passengers containing a protest against deportation of a foreigner and asking passengers to refuse to turn off their cell phones in order to impede take off. BGH held that the airport was entitled to prevent the campaigner from entering its premises as she caused disruption of the airport operation.
The International Air Transport Association (IATA) and the European Low Fares Airline Association (ELFAA), which represents the interests of 10 low-fare airlines from nine European countries, contested the United Kingdom’s implementation of the regulation before the High Court of Justice of England and Wales. They raised before the High Court questions concerning the validity of the regulation, in particular of the provisions relating to cancellations, delay and compensation. The High Court referred those questions to the Court of Justice of the European Communities.
Switzerland today officially became a member of the European Aviation Safety Agency. It is the fourth non-EU country to adopt European Union aviation safety legislation after Norway, Iceland and Liechtenstein. Patrick Goudou, Executive Director of the Agency, said: “I welcome Switzerland’s membership. It is an important step towards a more integrated safety system in Europe and underlines the key role of the Agency in this system”. The four non-EU countries are represented in the Agency’s Management Board and nationals of these countries are eligible to work for the Agency.
The Directorate General Health and Consumer Protection has commissioned Risk & Policy Analysts to undertake an assessment of the best practices for consumer safety in fairgrounds and amusement parks, as during the last 20 years, there has been a constant growth in large amusement parks with ever more extreme rides and it is estimated that there are numerous accidents leading to approx. 19 000 injuries per year most of which involve children (under 15).
Mr Owusu, a British national domiciled in the United Kingdom, suffered a very serious accident during a holiday in Jamaica. He walked into the sea, and when the water was up to his waist he dived in, struck his head against a submerged sand bank and sustained a fracture of his fifth cervical vertebra which rendered him tetraplegic. Following that accident, he brought an action in the United Kingdom for breach of contract against Mr Jackson, who is also domiciled in that State. Mr Jackson had let to Mr Owusu a holiday villa in Mammee Bay (Jamaica).
In his opinion of 22 November 2005 (Cases C-317, 318/04) European Advocate General Léger proposed anullment of Commission and Council decisions on transfer to the American authorities of personal information concerning air passengers. Following the terrorist attacks of 11 September 2001, the United States adopted legislation to require airlines carrying passengers to, from or across United States territory to give the American authorities electronic access to the data contained in their Passenger Name Records.
It has been approved the Code of the Consumption, a complex job, by the precious contribution of the Commission of study presided from prof. Guido Alpa and other experts of the matter, with the collaboration of the mainly representative consumer’s associations. With the decree legislative n. 206 of the 6 september 2005 (published in italian Official Gazzette G.U. n. 235 of 8-10-2005 – S.O. n.162) has been reordered and simplified the norm on the protection of the consumers, in coordination with the principles and the addresses of the law n.