EU Passenger rights

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: 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

CJEU Advocate General: National Enforcement Body must not take enforcement measures to pursue claims of individual air passengers

Upon reference for preliminary ruling lodged by the Dutch Raad van State (State Council), the Advocate General of the CJEU has delivered an opinion according to which Article 16 of the Air Passenger Rights Regulation 261/2004 only entrusts the National Enforcement Bodies (NEBs) with the task to secure general compliance with the Regulation but not to pursue individual claims. Individual claims should rather be pursued before the courts. A concurrent competence of courts and national Enforcment Bodies could lead to different interpretations of the Regulation and cause legal uncertainty.

Michael Wukoschitz's picture

IFTTA Law Review 1-2015 available online

The IFTTA Law Review 1-2015 has been uploaded to the members' area of the IFTTA website. It contains articles on the European Passenger Rights Regulations (Tobias Eberharter), the Israeli experience with the cancellation of airline commissions to travel agents (Dov Kolani) and the issue of forseeable hazards in the toursim legislative framework (Jacqueline Tanti Dougall). Enjoy reading.

Michael Wukoschitz's picture

Germany: two new Supreme Court decisions on air passenger rights

On March 17, 2015 the German Supreme Court (BGH) has passed two judgements with regard to Regulation (EC) 216/2004.

Michael Wukoschitz's picture

European Commission: Member States still need to strengthen enforcement of air passenger rights

The European Commission has published today a review of passenger rights' complaint handling and enforcement in the European air transport sector between 2010 and 2012. The review shows that complaints to national authorities for compensation and assistance have returned to lower levels since the exceptional year 2010 (ash cloud crisis, snow disruptions). Also, airlines get sanctioned in only 1% of the cases as most of the complaints are settled without having to resort to such measures in order to ensure enforcement.

Michael Wukoschitz's picture

German court asks ECJ to clarify offsetting rules in Air Passenger Rights Regulation

A German Regional Court, the "Landgericht Frankfurt am Main", has filed a reference for preliminary ruling to the European Court of Justice asking for interpretation of article 12 of Reg. 261/2004/EC as follows:

Michael Wukoschitz's picture

CJEU: "Sturgeon" judgement did not infringe the principle of separation of powers

In its so called "Sturgeon" judgement (joined cases C-402/07 and C-432/07) the CJEU had extended the air carriers' obligation to pay compensation to passengers who reached their final destination only 3 hrs or more after the scheduled arrival time even if their flight wasn't cancelled but only delayed. Upon reference for preliminary ruling filed by a German Regional Court (LG Köln), the Court has now decided that there is no contradiction between the "Sturgeon" judgement and the principle of separation of powers.

Pages

X