Europe

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CJEU decides on jurisdiction in package travel case

The plaintiffs, domiciled in Bludesch (Austria), booked and paid for themselves, as private individuals, a package holiday to Egypt on the website of a German online travel agent. The OTA, a company whose registered office is in Munich (Germany), stated that it acted as the travel agent and that the trip would be operated by a particular our operator, which has its registered office in Vienna (Austria).

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European Court of Human Rights: few hours' detention of airline passenger for airport security checks not excessive

In its decision in the case of Gahramanov v. Azerbaijan (application no. 26291/06) the European Court of Human Rights (ECHR) has, by six votes to one, declared the application inadmissible. The decision is final.

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Conference on latest developments in European Travel Law at ERA in Trier, Dec. 5-6, 2013

The Academy of European Law (ERA) will be holding a conference on the latest developments in European Travel Law in Trier (Germany) on Dec. 5-6, 2013. The objective of this conference is to analyse the existing legislative framework in the field of travel law at EU level and proposals for reform, focusing on package travel and air passengers’ rights. The conference language is English. The key topics of the conference include:

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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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European Court of Human Rights affirms internet news portal's liability for offensive online comments of its readers about a ferry company

In January 2006, Delfi AS, a public limited company registered in Estonia and owner of one of the largest internet news sites in the country, published an article on its webpage about a ferry company. It discussed the company’s decision to change the route its ferries took to certain islands. This had caused ice to break where ice roads could have been made in the near future. As a result, the opening of these roads – a cheaper and faster connection to the islands compared to the ferry services – was postponed for several weeks.

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France: Court of Appeal affirms fine for price fixing in the leisure and tourism sector

In a decision of June 6, 2013, the Paris Court of Appeal upheld a decision of the French Competition Authority fining the Géfil trade association and ten consulting firms in the leisure, culture and tourism engineering sector a total amount of EUR 660.700 for having issued instructions to use “fair prices” and to avoid “dumping” and “price wars”. These instructions were found to have been used as a benchmark for price quotations filed by consulting firms in response to calls for tenders.

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UK: Court of Appeal clarifies "accident" according to Article 17 of the Montreal Convention

 The plaintiff had a history of some gynaecological issues and she had been prone to recurrent symptoms suggestive of urinary infection, ie. cystitis. She had treated herself and had bought "over the counter" medication to take if she had an episode of it.  She had packed this medication in her main luggage before going on her flight from London Heathrow to Melbourne via Kuala Lumpur with the defandant carrier.  Before the plainitff boarded the aircraft she urinated normally at about 9pm.

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ECJ: the special VAT scheme for travel agents is not limited to sales of travel services to travellers

The European Commission brought a series of infringement proceedings against eight Member States for failure to comply with their obligations under the directive 2006/112/EC on the common system of value added tax. The actions relate to the special scheme for travel agents.

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ECJ: Delayed rail passsengers are entitled to a partial price refund - even in cases of force majeure

The Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations provides that the liability of railway undertakings in the case of delay is governed by the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail, subject to the applicable provisions of the regulation.

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