Aviation

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.

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.

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.

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.

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:

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").

European Court of Justice: compensation for flight delay not conditional upon delay at departure

Submitted by Michael Wukoschitz on 26 February, 2013 - 21:34

Mrs Folkerts held a reservation to fly from Bremen (Germany) to Asunción (Paraguay), via Paris (France) and São Paulo (Brazil). The departure of the flight from Bremen to Paris, operated by the company Air France, was delayed and the aircraft took off with a delay of approximately two and a half hours beyond the scheduled departure time.

Canada: passenger claim against government over implementation of safety management systems dismissed

Submitted by Michael Wukoschitz on 3 February, 2013 - 18:08

Following the crash of a King Air 100 in which he was injured as a passenger, James Ratt brought a claim against a number of parties including the Candadian Minister of Transport and the Government on the grounds that their implementation of the safety management systems within the regime created by the Canadian Aviation Regulations created a lax regulatory environment that contributed to the circumstances of the crash. However, the court concluded that neither party owed the passenger a duty of care.

CJEU: no limitation of the air carriers' obligation to provide care to passengers in case of volcanic eruption

Submitted by Michael Wukoschitz on 31 January, 2013 - 14:30

In the event of cancellation of a flight, the air carrier is obliged, under Reg. 261/2004/EC, to provide care to passengers as well as to provide compensation. As regards the obligation to provide care, the air carrier must provide free of charge, in light of the waiting time, refreshments, meals and, where appropriate, hotel accommodation and transport between the airport and place of accommodation, as well as means of communication with third parties.

Canada: unruly passenger ban upheld by Transportation Agency

Submitted by Michael Wukoschitz on 21 January, 2013 - 17:53

The claimant Guillaume Boutin filed a complaint with the Canadian Transportation Agency against Air Canada regarding a permanent travel ban imposed by Air Canada following an incident that occurred at the Cancun, Mexico airport just prior to Mr. Boutin’s return flight to Montréal, Quebec, Canada, on February 29, 2012.

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