Austria: new reference for ECJ preliminary ruling regarding rail passenger rights
On Sep. 8, 2011 the Austrian Adminstrative Court (VwGH) has filed a reference for preliminary ruling of the Court of the European Union with regard to Reg. (EC) 1371/2007 on Rail Passengers' Rights and Obligations. The referring court wants to know whether
- Article 30 para 1 is to be interpreted as meaning that the National Enforcement Body is entitled to dictate to railway undertakings certain terms of compensation even though national law only allows to declare terms ineffective if they do not comply with Article 17; and
- Article 17 is to be interpreted as meaning that a railway undertaking may exclude compensation in cases of force majeure.
The Austrian National Enforcement Body had regarded the terms used by the Austrian Railway Company (ÖBB) as not being in line with Article 17 of the Regulation and therefore required the ÖBB to make particular amendments with regard to these terms. Upon complaint by ÖBB, the Adminstrative Court has filed the eference for preliminary ruling.
Full text of the VwGH motion 2011/03/0077 of Sept. 8, 2011 (EU 2011/0009) available in German here>>.
Case number at ECJ: C-509/11