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Austrian Supreme Court: hotelier liable for legionella disease

In April 2003, the plaintiff stayed at the defendant's hotel. When using the shower she caught a legionella infection which led into a pneumonia. The reason for the contamination of the bathing water was an insufficient circulation speed which made the water cool down to a temperature that stimulated the reprduction of legionella bacteria. Up to (at least) March 2003, the hotelier had engaged a plumber to take care of the maintenance of the water pipe system.

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Article on hotel classification in Ireland

"Fáilte Ireland" is the National Tourism Development Authority of Ireland. The authority was established under the National Tourism Development Authority Act of 2003. Fáilte Ireland has sub-contracted its accommodation registration assessment and classification functions to Tourist Accommodation Management Services Ltd (TAMS). An article by Mason Hayes & Curran published Dec. 3, 2013 on "Lexology" provides information on the classifcation procedure and the mandatory registration of hotels.

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UK: Court of Appeal decides in broken glass door case

The case relates to an accident suffered by the plaintiff when on holiday in Barbados in September 2008. She had gone onto the balcony of her hotel room to read a book, closing
behind her the sliding glass balcony doors. When the telephone in her room rang a short time later, she got up from her chair and made to go back to the room, but she walked into

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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.