EU regulation

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 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

European Parliament publishes report on air passenger rights revision

On Jan. 22, 2014, the Committee on Transport and Tourism of the European Parliament published a report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004.

Michael Wukoschitz's picture

CJEU Advocate General: EU law allows air carriers pricing freedom - including services such as checking in baggage

In August 2010, the air carrier Vueling added a surcharge of €40 to the base price of airline tickets (€241.48) purchased by Ms Arias Villegas when she checked in two pieces of baggage online. Ms Villegas therefore lodged a complaint against Vueling, claiming that the contract of carriage by air concluded with that undertaking contained an unfair term.

Michael Wukoschitz's picture

CJEU: Including fingerprints in passports is lawful

Mr Schwarz applied to the Stadt Bochum (city of Bochum, Germany) for a passport, but refused at that time to have his fingerprints taken. After the city rejected his application, Mr Schwarz brought an action before the Verwaltungsgericht Gelsenkirchen (Administrative Court, Gelsenkirchen, Germany) in which he requested that the city be ordered to issue him with a passport without taking his fingerprints. Regulation No 2252/2004 provides that passports are to include a highly secure storage medium which must contain, besides a facial image, two fingerprints.

Michael Wukoschitz's picture

ECJ: Delayed rail passsengers are entitled to a partial price refund - even in cases of force majeure

The Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations provides that the liability of railway undertakings in the case of delay is governed by the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail, subject to the applicable provisions of the regulation.

Michael Wukoschitz's picture

German Supreme Court: "bird strike" constitutes "extraordinary cicumstances"

In judgements issued yesterday in two parallel cases, the German Supreme Court (BGH) has held that a bird strike constitutes extraordinary circumstances and thus exempts the air carrier from the obligation to pay compensation to the passengers in case of a cancellation or a long delay if the air carrier can prove that it had taken all reasonable measures to avoid the cacellation or delay. The Supreme Court argued that bird strikes were unforeseeable and unforstallable events for air carriers.

Michael Wukoschitz's picture

Germany: Supreme Court reconfirms compensation for missed connecting flight

In a recent judgment, the German Supreme Court (BGH) reconfirmed that passengers who miss their connecting flight due to a delay of the feeder are entitled to claim for compensation if they reach their final destination 3 hrs or more after their scheduled arrival. The plaintiffs had booked a flight from Miami to Düsseldorf via Madrid. As the departure in Miami was delayed for 01:20 hrs they arrived in Madrid too late to catch their connecting flight to Düsseldorf. They were rebooked to another flight and reached Düsseldorf with a delay of 07:30 hrs.

Michael Wukoschitz's picture

German court requests ECJ preliminary ruling with regard to passport data

The German Verwaltungsgerichtshof Baden-Württemberg has filed a reference for preliminary ruling to the ECJ regarding interpretation of Regulation (EC) No 2252/2004 on standards for security features and biometrics in passports and travel documents issued by Member States. The reference includes the following questions:

Pages

X