Blogs

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IFTTA Law Review 3-2011 now available

The third edition of the IFTTA Law Review is now available in pdf within the members' section of the website. It focusses on cases related to the Montreal Convention and the Warsaw Convention in particular with regard to the issue of exclusivity.

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European Court of Justice: The directive including aviation activities in the EU’s emissions trading scheme is valid

In today's judgement in Case C-366/10, the Court of the European Union held that the directive including aviation activities in the EU’s emissions trading scheme is valid and application of the emissions trading scheme to aviation infringes neither the principles of customary international law at issue nor the Open Skies Agreement.

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Australia: Quantas succeeds against registration of "Flying Kangaroo" wines

Qantas has successfully opposed an application for registration of the words "Flying Kangaroo" for wines. Though not having used an according trademark, Qantas had filed evidence of its history of using a flying kangaroo logo and the words “Flying Kangaroo” as well as evidence of its strong association with the wine industry.

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USA: District Court upholds fine for traveler to Cuba who did not answer OFAC queries

Plaintiff Zachary Sanders filed a suit to review final agency action by the Office of Foreign Assets Control (OFAC). He claimed violations of his constitutional rights under the Fifth and Eighth Amendments (in particular: the right not to incriminate himself and the right not to fined in an excessive way) arising from a USD 9.000 fine OFAC imposed on him for failure to comply with Cuban trade embargo regulations.

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European Union: Commission starts public consultation on the possible revision of the air passenger rights Regulation

The consultation on the possible revision of Regulation (EC) No 261/2004 aims to gather stakeholders' views on the identification of possible shortcomings of the Regulation and their extent, and on the options to improve its application, either via non-legislative measures or via a revision of the Regulation. The consultation period is 19/12/2011 to 11/03/2012.

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Austria: new reference for ECJ preliminary ruling regarding rail passenger rights

On Sep. 8, 2011 the Austrian Adminstrative Court (VwGH) has filed a reference for preliminary ruling of the Court of the European Union with regard to Reg. (EC) 1371/2007 on Rail Passengers' Rights and Obligations. The referring court wants to know whether

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U.S. Court of Appeals: violation of a government regulation no prerequisite to a claim under Article 17 Montreal Convention

After entering her assigned row on Icelandair Flight No. 656, Elin Phifer bent over, placed two carry-on bags under the seat in front of hers, stood up, and struck her head on an overhead television monitor, which was extended in the down position. Phifer collapsed and was assisted to her seat by her husband and an Icelandair flight attendant.

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EU Commission announces "Better Airports" package

On Dec. 1, 2011, the European Commission announced a comprehensive package of measures to help increase the capacity of Europe's airports, reduce delays and improve the quality of services offered to passengers.

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USA: airlines ask DOT for another delay in new rules

The airline industry is again asking the U.S. Transportation Department (DOT) or more time — now a full year — to comply with portions of the DOT’s new rules on the disclosure and implementation of baggage fees on multi-carrier routings. When the DOT adopted the rules in April, it set an August effective date, then changed that to January when carriers claimed they needed more time to reprogram their systems. Now the airlines are saying the five-month delay was not nearly enough.

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USA: no private right of action pursuant to Air Carrier Access Act

Plaintiff-appellant Mary Lopez appealed a judgment of the United States District Court for the Eastern District of New York entered August 20, 2010 dismissing her disability discrimination claims against appellee Jet Blue Airways ("JetBlue") under the Air Carrier Access Act (ACAA) and the Americans with Disabilities Act (ADA) for failure to state a claim upon which relief can be granted.

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