Air Passengers

Michael Wukoschitz's picture

Brazilian courts to apply Montreal Convention, finally?

According to an article published on "Lexology", on May 25, 2017  the Brazilian Supreme Federal Tribunal has passed a judgement which acknowledges the application of the Montreal Convention in international air transport cases. Although Brazil is party to the Warsaw and the Montreal Convention which both provide for their exclusivity, Brazilian courts have been rather reluctant in applying these conventions and tended to give precedence to national law, in particular the Brazilian Consumer Defence Code.

Michael Wukoschitz's picture

CJEU clarifies burden of proof for timely information on flight cancellation

In case of cancellation of a flight, according to Article 5 of Regulation (EC) No 261/2004 the carrier shall be exempt from the obligation to pay compensation if the passengers were informed of the cancellation at least two weeks before the scheduled time of departure.

Michael Wukoschitz's picture

CJEU: bird strikes qualify as "extraordinary circumstances"

In a highly anticipated judgement, the CJEU held  today that a collision between an aircraft and a bird, as well as any damage caused by that collision, are not intrinsically linked to the operating system of the aircraft, with the result that such a collision is not by  its nature or origin inherent in the  normal exercise of the activity  of the air carrier concerned and  is outside its actual control.  Accordingly,  a collision between an  aircraft and a bird is an extraordinary circumstance within the meaning of the regulation.

Michael Wukoschitz's picture

Russia to become Member of the Montreal Convention

 Federal Law No. 52-FZ, published on April 4, 2017 will make Russia part of the Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention). The relevant amendments to the Russian Air Code are made by a separate Bill No. 28636-7.

Michael Wukoschitz's picture

CJEU: a flight during which an unscheduled stopover took place cannot be regarded as cancelled

On Oct. 5, 2016 the Court of Justice of the European Union (CJEU) provided another clarification regarding the interpretation of Reg. (EC) No. 261/2004. The case involved an Bulgarian Air Charter flight from Burgas (Bulgaria) to Dresden (Germany). The flight departed as scheduled but made an unscheduled stopover in Prague which caused a delay in arrvial at Dresden of  2 hours and 20 minutes.

Michael Wukoschitz's picture

CJEU Advocate General: bird strikes do not constitute 'extraordinary circumstances'

In an opinion delivered on July 28, 2016, CJEU Advocate General Bot has concluded that bird strikes do not fall within the extraordinary circumstances defence currently available to air carriers according to Article 5 para 3 of Reg. (EC) 261/2004. In the Advocate General's opinion, such incidents are inherent in the normal exercise of the activity of an air carrier and therefore not 'extraordinary'. Although an opinion of an Advocate Genrral is not binding to the Court but only advisory in nature, the judges in most cases follow the recommedations expressed therein.

Michael Wukoschitz's picture

CJEU clarifies remdies for downgrading in air travel

In a recently published judgement, the European Court of Justice has clarfied the rules applying to downgrading of air passagners according to Reg. (EC) No 261/2004.

Michael Wukoschitz's picture

IFTTA Law Review 1-2016 online

The latest edition of the IFTTA Law review is now available online in the members area. It contains an editorial on the new European Package Travel Direcdtive, an article  by Rebekah Tanti-Dougall on disruptive air passengers and an article by Uta Stenzel on the German model of consumer conciliation in public transport. Enjoy reading.

Michael Wukoschitz's picture

Germany: air carriers allowed to demand immediate payment of the full fare upon booking

The German Civil Supreme Court (BGH) decided that it cannot be regarded an unfair term if an air carrier demands immediate payment of the full ticket fare upon booking. Even though air transport contracts were regarded as service contracts, the general rules on service contracts would only to a small extent characterize the model of an air transport contract. In particular, the rules on maturity of the remuneration in service contracts would not preclude advance payment clauses in air transport contracts.

Michael Wukoschitz's picture

IFTTA Law Review 3-2015 available for download

The IFTTA Law Review 3-2015 is now available for download in the members area. It contains articles by Ernst Führich on the European Air Passenger Rights Regulation and by Ivo Mravicic ont the contractual relation between hotels and tour operators as well as a recent judgement of the CJEU with regard to the European Air Passenger Rights Regulation. Due to an error of the publishing company, the pdf file was only sent today. Hence the delay in making it available for IFTTA members online.

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