The plaintiffs, domiciled in Germany, had rented a holiday home in Belgium from a Danish tour operator (the defendant). They had several complaints about the condition of the home and claimed for a price reduction. Based on the consumer forum pursuant to Articles 15 and 16 of the Brussels I-Regulation they filed their claim before their local court. The defendant filed a motion to dismiss the claim on the ground of lacking international jurisdiction of German courts.
The plaintiffs, both Austrian residents domiciled in Bludesch (Austrian Province of Vorarlberg), had booked a holiday package to Egypt organized by an Austrian tour operator located in Vienna. The booking was made online through the website of a German travel agency. By mistake of either the tour operator or the travel agency, they were booked to a different (but similary named) hotel than they had actually chosen. They filed a law suit against both, the travel agency and the tour operator, before their local court in Vorarlberg.
A lawsuit against Carnival Corp. stemming from the Costa Concordia accident was dismissed Sept. 28 in Florida. The judge stated it should be refiled in Italy. About 1,000 businesses on the island of Giglio, where the Costa ship capsized, moved to sue Carnival in Miami, where it is headquartered, instead of Italy, where Costa is based.
The US Court of Appeals for the Eleventh Circuit affirmed dismissal of an action brought by the estate of a passenger against the operator of a cruise ship on which the passenger died after contracting a bacterial infection. The dismissal was made on the basis of the forum-selection clause in the passage contract, which provided that all personal injury claims were to be litigated in the courts of England and Wales and be governed by English law.
Upon reference of the Austrian Supreme Court (OGH), the CJEU has held in its judgement of Sep. 6, 2012 in Case C-190/11 (Mühlleitner) that the consumer’s possibility of bringing proceedings before the courts of his Member State against a trader domiciled in another Member State is not subject to the condition that the contract was concluded at a distance.
Two cases, consoldiated on appeal, both involved personal injury claims by Canadian citizens arising from accidents they suffered during their holidays in Cuba. One of the defendants, Club Resorts Ltd., was the company that managed the two hotels where the accidents took place. Club Resorts argued that Ontario lacked jurisdiction over the actions, or in the alternative, that the doctrine of forum non conveniens should apply. The motion judges in both cases dismissed this argument and held that the Ontario courts had jurisdiction. The Ontario Court of Appeal upheld both decisions.
Flight DHI 574 of Adam SkyConnection Airlines (“Adam Air”) crashed off the coast of Indonesia in 2007. Adam Air ceased operation in 2008. The representatives of 52 of the 102 decedents filed three cases which were consolidated in a multidistrict litigation (MDL) before the US District Court for Northern District of Illinois.
The court applied the traditional forum non conveniens analysis to determine