European Union

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German court files reference for ECJ preliminary ruling regarding denied boarding

The plaintiff booked a flight connection from Frankfurt (FRA) via Sao Paulo (CGH) to Santiago de Chile (SCL) for 3.3.2010. The defendant should have operated the flight FRA-CGH whereas the flight CGH-SCL was scheduled to be operated by a different carrier. On 27.2.2010 an earthquake caused severe damages at the SCL airport.

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European Court of Justice: A hotel operator which broadcasts phonograms in its rooms must pay equitable remuneration to producer

EU law requires the Member States to provide, in their legislation, a right to a single equitable remuneration for producers of phonograms published for commercial purposes, to be paid by the user of such phonograms for broadcasting or for any communication to the public. However, such equitable remuneration need not be paid in the case of ‘private use’.

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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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European cruise industry sees strong growth ahead despite current challenges

The international cruise industry, whose top priority is ensuring safety of passengers and crews and which is fully committed to learning lessons from the recent tragic Concordia incident, is confident that it will continue to see steady growth in Europe, said European Cruise Council Chairman Manfredi Lefebvre d’Ovidio. Among Mr.

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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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European Union: Public consultation of stakeholders on the "European Charter for Sustainable and Responsible Tourism"

In the framework of the implementation of Action 15 of the 2010 Commission Communication on tourism COM(2010)352: "The European Charter for Sustainable and Responsible Tourism", Tourism Policy Development Unit has launched a stakeholders consultation which is open till 20 April 2012. 

The consultation concerns the first draft text of the Charter as well as several possible open questions, assembled in the Questionnaire.

Find more information (Consultation Document) here>>.

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European Court of Justice: insolvency protection also applies in case of a package organiser’s fraudulent conduct

The Landgericht Hamburg (Regional Court, Hamburg, Germany) had asked the ECJ whether the protection of consumers pursuant to article 7 of the Package Travel Directive (PTD) also applied where the insolvency was attributable to fraudulent conduct on the part of the travel organiser. The Landgericht Hamburg must rule on the action brought by Mr Blödel-Pawlik against HanseMerkur Reiseversicherung AG, a German insurance company, concerning its refusal to refund the cost of package travel which did not take place because of the insolvency of the travel organiser, Rhein Reisen GmbH.

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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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