Regulation

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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.

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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.

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EU Commission adopts proposals to simplify and improve passenger ship safety rules

The European Commission has adopted a number of legislative proposals to simplify and improve the common rules on safety of ships carrying passengers in EU waters. The update is a response to lessons learnt, including from accidents, and technological developments. It will, among others, allow immediate access of competent authorities to relevant data in case of emergency ensuring that search and rescue operations can be dealt with more effectively.

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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.

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Argentina: new law requires airlines to provide gluten-free meals

According to a new Argentinian law (27,196), airlines are amongst institutions which must offer at least one gluten-free food choice. The law declares early detection, diagnosis and treatment of coeliac disease and access to gluten-free food a matter of national interest.

Source: Article by Elizabeth Mireya Freidenberg, published on http://www.internationallawoffice.com

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More references for CJEU prelimiary ruling on Air Passenger Rights Regulation lodged by German courts

With regard to Reg. EC No 261/2004 (" Air Passenger Rights Regulation") the follwowing issues have recently been referred to the CJEU by German courts:

1. Reference of Feb. 4, 2014 by Landgericht Hannover  (C-79/14 - TUIfly):

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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.

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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.

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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.

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USA: DOT fines United Airlines USD 1.1 million for lengthy tarmac delays

The U. S. Department of Transportation (DOT) on Oct. 25, 2013, fined United Airlines USD 1.1 million for lengthy tarmac delays that took place at Chicago-O’Hare International Airport on July 13, 2012.   The airline was ordered to cease and desist from future violations of the tarmac-delay rule. This is the largest fine assessed for a tarmac-delay violation since the rule limiting long tarmac delays first took effect in April 2010.

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