Europe

Michael Wukoschitz's picture

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):

Michael Wukoschitz's picture

European Commission: Member States still need to strengthen enforcement of air passenger rights

The European Commission has published today a review of passenger rights' complaint handling and enforcement in the European air transport sector between 2010 and 2012. The review shows that complaints to national authorities for compensation and assistance have returned to lower levels since the exceptional year 2010 (ash cloud crisis, snow disruptions). Also, airlines get sanctioned in only 1% of the cases as most of the complaints are settled without having to resort to such measures in order to ensure enforcement.

Michael Wukoschitz's picture

German Court: air carrier liable for allergic reaction to hot towel

In a recent judgement the Oberlandesgericht Frankfurt am Main held that an air carrier was liable for a passenger's allergic reaction to the hot towels distributed during the flight. In October 2010, the plaintiff traveled on a fligth from India to Germany. She told one of the flight attendants that the hot towels could cause an allergic reaction of her body and asked not to distribute these towels during the flight. Despite this request, the towels were distributed and the plaintiff suffered from a respiatory distress which required immediate medical treatment after landing.

Michael Wukoschitz's picture

German Supreme Court (BGH) asks CJEU for preliminary ruling in air ticket pricing case

According to Article 23(1) of Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community, air fares and air rates available to the general public shall include the applicable conditions when offered or published in any form, including on the Internet, for air services from an airport located in the territory of a Member State to which the Treaty applies.

Michael Wukoschitz's picture

CJEU: a Member State must not require an air carrier licensed in another Member State to obtain permission to enter its airspace

International Jet Management, an airline company with its seat in Austria, operated private flights from Moscow and Ankara to Germany without having the authorisation, required by the German legislation, to enter German airspace. In criminal proceedings against International Jet Management, the German Apellate Court (Oberlandesgericht Braunschweig) filed a request for preliminary ruling of the Court of Justice of the European Union.

In its judgement of March 18, 2014, the Grand Chamber of the Court came to the following conclusion:

Michael Wukoschitz's picture

Norway: heavy cruise lines to be banned from visiting Svalbard archipelago

Norway is about to implement a heavy fuel oil ban on parts of the Svalbard archipelago in 2015. Such ban would prohibit larger cruise vessels from entering the waters near the archipelago's national parks. Future visits to the area therefore will consist mainly of smaller expedition vessels. The ban is similar to that which came into effect in Antractica in 2011, forcing several cruise lines to cancel itineraries there.

Michael Wukoschitz's picture

Austrian Supreme Court: tour operator liable for floatplane boarding accident

The plaintiff had booked a package to the Maldives with the defendant. The package included a transfer by floatplane from Malé to the island where the hotel was situated. Accorsing to the Operating Manual of the carrier, it is necessary to moor the floatplane with three ropes. The crew is required to stand at each side of the entrance in order to assist the passengers boarding the aircraft. When the plaintiff was about to board, despite some waves the floatplane was only moored with two ropes and only one member of the crew was standing next to the entrance.

Lewis Solomon's picture

Thomas Cook wins disabled passenger case.

The UK Supreme Court has ruled in favour of Thomas Cook rejecting an appeal by a disabled passenger who was fighting for damages from the operator.  Wheelchair user Christopher Stott took his case to the Supreme Court after the Court of Appeal dismissed his Claim for damages against Thomas Cook over this treatment on a flight to Greece.  Whilst the Supreme Court accepted that Mr Stott was treated in a "humiliating and disgraceful manner", the Court ruled that damages could not be awarded for injury to feelings under the Montreal Convention.  The ruling confirms the Court's reluctance to in

Michael Wukoschitz's picture

EU Commission revises guidelines on state aid to airports and airlines

On February 20, 2014, the European Commission released new Guidelines for the assessment of State aid to airports and airlines. The revised Guidelines which follow from a public consultation in 2011 with the purpose to reassess the Commission's former 2005 Guidelines introduce substantial changes:

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