Airlines

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European Union: airline black list updated

On April 3, 2012, the European Commission has adopted the 19th update of the European list of air carriers which are for safety reasons subject to an operating ban or operational restrictions within the European Union. Conviasa, an air carrier certified in Venezuela, was added to the list due to safety concerns.

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ECJ Advocate General: no temporal or monetary limitation of the obligation to provide care to air passengers

In his opinion in case C-12/11 - McDonagh v Ryanair, delivered on 22.03.2012, ECJ Advocate General Bot came to the conclusion that circumstances such as the closure of airspace owing to the eruption of a volcano constitute extraordinary circumstances for the purposes of Reg. 261/2004. Additionally,  the EU legislation does not imply any limitation – temporal or monetary – of the obligation to provide care (accommodation, meals, refreshments) to the passengers.

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USA: DOT fines ticket agent and Qantas for advertising violations

The U.S. Department of Transportation (DOT) fined ticket agent Unister USA, also known as Flights24.com, USD 30,000 for violating the Department’s rules on fare advertising and disclosure of code-share flights.

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Scotland: Lockerbie Update

New revelations produced by BBC Scotland suggest that Abdelbaset Ali al-Megrahi, the Libyan jailed for life following the 1988 Lockerbie bombing may not be guilty after all. Part of the evidence against him was that he was in Malta, and was identified by a key witness there, at the time the bomb which destroyed Pan-Am Flight 103 was placed in a suitcase and loaded on to the aircraft. The Maltese shopkeeper, Tony Gauci, identified Megrahi as the man he sold clothes to and which were later found in a suitcase which had contained the bomb.

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ECJ Advocate General: air ticket pricing rules regarding ‘optional price supplements’ also apply to a cancellation insurance

Article 23(1) of Regulation No 1008/2008 on common rules for the operation of air services in the Community provides that with rergard to air fares or air rates, optional price supplements shall be communicated in a clear, transparent and unambiguous way at the start of any booking process and their acceptance by the customer shall be on an “opt-in

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European Union: Parliamentary Transport and Tourism Committee calls for improved air passenger rights

All-in air fares, airline employees able to help stranded passengers immediately, and proper compensation when airlines go bust are the key requests set out in a resolution on air passengers' rights voted by the Transport and Tourism Committee on Tuesday.

With a view to a forthcoming revision of the relevant EU legislation, the resolution calls on the European Commission to clarify air passengers' rights, ensure that legislation protecting them is applied uniformly, and take measures to improve the accountability of airlines.

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ECJ to hear cases challenging its "Sturgeon" judgement

The Court of the European Union has scheduled a hearing for March 20, 2012 at 09:30 in the joined cases Nelson v. Deutsche Lufthansa (C-581/10; referring court: Amtsgericht Köln, Germany) and TUI et al v.

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USA: Appelate court confirms limitation of liability clauses in airline's "Conditions of Carriage"

On September 26, 2008, appellants purchased two round-trip airline tickets from American Airline’s website. The y received an “E-Ticket Confirmation” which in the bottom line of the message stated: “A summary of Terms and Conditions of travel is available by selecting the Conditions of Carriage button below.” The referenced Conditions of Carriage clearly state that the ticket and the Conditions of Carriage “constitute the contract.”

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Germany: new reference for ECJ preliminary ruling regarding Reg. 261/2004

On Nov. 25, 2011, the German Amtsgericht Düsseldorf has filed a motion for preliminary ruling to the ECJ regarding the follwoing issue:

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Canada: body height is not a disability

Malcolm Johnson filed an application with the Canadian Transportation Agency (CTA) against Air Canada with respect to additional fees charged for economy class seats that afford extra leg room. Mr. Johnson submitted that, due to his height, he could not sit in a “regular seat” without endangering his health due to restricted circulation in his legs from cramped seating.

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