Airlines

Michael Wukoschitz's picture

California: Delta wins in mobile app case

Submitted by Michael Wukoschitz on 16 May, 2013 - 09:48

In December 2012, the California Attorney General filed a lawsuit against Delta Airlines alleging that Delta violated California’s Online Privacy Protection Act by failing to post a privacy policy within its Fly Delta mobile app. On May 9, 2013 the California Superior Court dismissed the claim, holding that the state action is pre-empted by the federal Airline Deregulation Act, which prohibits states from applying regulations on airlines related to price, routes, or services.

Michael Wukoschitz's picture

German Supreme Court: air passengers entitled to compensation for missed connecting flight

Submitted by Michael Wukoschitz on 15 May, 2013 - 14:46

The passengers were booked on an Iberia flight from Berlin via Madrid to San José (Costa Rica). The flight from BER to MAD was about 90 minutes delayed and the passengers therefore missed their connecting flight to SJO. They were rebooked to a flight one day later. Upon return they claimed for compensation pursuant to Reg. 261/2004.

Michael Wukoschitz's picture

CJEU: "Sturgeon" judgement did not infringe the principle of separation of powers

Submitted by Michael Wukoschitz on 15 May, 2013 - 13:34

In its so called "Sturgeon" judgement (joined cases C-402/07 and C-432/07) the CJEU had extended the air carriers' obligation to pay compensation to passengers who reached their final destination only 3 hrs or more after the scheduled arrival time even if their flight wasn't cancelled but only delayed. Upon reference for preliminary ruling filed by a German Regional Court (LG Köln), the Court has now decided that there is no contradiction between the "Sturgeon" judgement and the principle of separation of powers.

Michael Wukoschitz's picture

New German reference for ECJ preliminary ruling regarding Air Passenger Rights Regulation

Submitted by Michael Wukoschitz on 30 April, 2013 - 16:08

In another motion for preliminary ruling regarding Regulation 261/2004 (EC) on Air Passenger Rights, a German court seeks further clarification of the right of a passenger to receive compensation in case of a long delay.

The plaintiff was booked on a flight from Palma de Mallorca to Munich on Oct. 10, 2011. The flight was delayed more than 25 hrs. The plaintiff, however, did not take the delayed flight but was rebooked to an earlier alternative flight which resulted into a delyed arrival of 5 hrs less.

Michael Wukoschitz's picture

USA: DOT fines Alitalia for deceptive practices

Submitted by Michael Wukoschitz on 1 April, 2013 - 16:40

Following a complaint from two Alitalia passengers whose flights were canceled, the Department’s Aviation Enforcement Office investigated the carrier’s refusal to pay cash compensation to the passengers. The U.S. Department of Transportation (DOT) now fined  Alitalia USD 125,000 for providing inaccurate information on its website regarding its policy on compensation to passengers on delayed and cancelled flights. 

Michael Wukoschitz's picture

EU: MEPs welcome Commission proposal on air passenger rights

Submitted by Michael Wukoschitz on 22 March, 2013 - 13:55

In their first discussion of the proposal on Tuesday, transport committee MEPs welcomed the proposal to update air passengers' rights tabled by the Commission on 13 March but insisted that it include rules on hand luggage and solutions for passengers stranded if an airline goes bankrupt. Commission Vice-President Siim Kallas paid tribute to Parliament's preparatory work in 2012. The transport committee will appoint rapporteurs for the two regulations in the coming weeks.

Michael Wukoschitz's picture

UK to implement new Air Passenger Duty

Submitted by Michael Wukoschitz on 21 March, 2013 - 08:13

Effective April 1, 2013, the United Kingdom will implement a new Air Passenger Duty (APD) chargeable on passengers being transported from a U.K. airport on a qualifying aircraft. The calculation of the APD is determined by the number of chargeable passengers, their destination and their travel class.

Stephan Keiler's picture

Proposal for a new EU Air Passengers' Rights Regulation

Submitted by Stephan Keiler on 13 March, 2013 - 11:20

and here is the brand new Proposal itself (fr, en, de only!): COM (2013) 130 final

EN:

http://ec.europa.eu/commission_2010-2014/kallas/headlines/news/2013/03/d...(2013)130-proposal-for-regulation_en.pdf

DE:

http://ec.europa.eu/commission_2010-2014/kallas/headlines/news/2013/03/d...(2013)130-proposal-for-regulation_de.pdf

FR:

Michael Wukoschitz's picture

Russia to become member of the Montreal Convention

Submitted by Michael Wukoschitz on 8 March, 2013 - 08:41

On 12 February 2013, the Ministry of Transport of the Russian Federation published on its website the draft Federal Law on the Accession of the Russian Federation to the Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999 ("Montreal Convention").

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