Europe

Michael Wukoschitz's picture

Germany: Supreme Court decides on international jurisdiction with regard to letting of holiday homes

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.

Michael Wukoschitz's picture

ECJ reconfirms "Sturgeon" decision

In today's judgement in joined cases C-581/10 - Nelson and C-629/10 TUI Travel Plc, the ECJ has reconfirmed its much disputed Sturgeon decision extending the claim for fixed compensation (which Reg.

Michael Wukoschitz's picture

UK: Birmingham County Court decides in broken glass door case

The Russell family booked a holiday package to Spain. At the time of booking they made clear that they were not seasoned travellers and specifically requested accommodation which was suitable for young children because they took along their 4 year old daughter. They were duly reassured. At the hotel they were allocated to a room with a glass balcony door. Shortly after arrival, while the parents were unpacking, the girl ran towards the door. She failed to realise that it was still shut and collided with it.

Michael Wukoschitz's picture

German Supreme Court: no air transport contract for passenger "Still Unknown"

The plaintiff booked two flight tickets through an internet booking form on the airline's website. There was a note in the booking form saying "no name change permitted after booking. name has to comply with passenger's ID card". For the first ticket the plaintiff filled in his own name whereas for the second ticket he entered "still unknown" instead of first name and family name of the second passenger.

Michael Wukoschitz's picture

Single European Sky: 10 years on and still not delivering

The Single European Sky, the flagship project to create a single European airspace – tripling capacity and halving air traffic costs – is "not delivering". Vice-President Siim Kallas, European Commissioner for transport, announced his intention to present new legislative proposals in Spring 2013 to accelerate implementation, as well as taking all enforcement actions possible, including infringements where necessary.

Michael Wukoschitz's picture

Austria: reference for ECJ preliminary ruling on Brussels I-Regulation

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.

Michael Wukoschitz's picture

European Court of Justice decides in two denied boarding cases

On Oct. 4, 2012, the ECJ has published two judgements in denied boarding cases. In both judgements, the ECJ held that the concept of ‘denied boarding’ pursuant to Reg. (EC) 261/2004 relates not only to cases of overbooking but also to those concerning other grounds, such as operational reasons.

Michael Wukoschitz's picture

Germany: one more reference for ECJ preliminary ruling on Reg. (EC) 261/2004

On June 29, 2012, the German Landgericht Frankfurt am Main has lodged a new refrence for preliminary ruling to the ECJ on the following question:

Michael Wukoschitz's picture

Bulgaria: new tourism legislation in parliament

The Bulgarian Parliament is about to enact a new tourism law and has adopted a draft at first reading. The purposes of the draft law are:

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