European Court of Justice

Michael Wukoschitz's picture

Austria: first reference for ECJ preliminary ruling regarding rail passenger rights

Submitted by Michael Wukoschitz on 24 August, 2011 - 16:28

The Austrian "Schienen-Control Kommission Wien" has filed a reference for preliminary ruling of the ECJ with regard to the following questions:

Michael Wukoschitz's picture

Austrian Constitutional Court: no state liability for alledgedly false application of the Package Travel Directive

Submitted by Michael Wukoschitz on 24 August, 2011 - 14:35

The plaintiff (a lawyer) initially had sued a tour operator for mal-performance of a package travel contract. The claim had been dismissed by all instances as courts had held that the plaintiff had booked accomodation in a Dubai city hotel with half board and a shuttle service to the beach - and had exactly got what he had booked. It had to be regarded obvious that a city hotel could not offer the same amenities with regard to duration and flexibility of staying at the beach like a hotel directly situated there.

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Czech court refers VAT on travel services to ECJ

Submitted by Michael Wukoschitz on 15 July, 2011 - 13:51

The Czech court Nejvyšší Správní Soud referred the following questions to the ECJ:

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Germany: OLG Köln refers surcharges billed by online booking platform to ECJ

Submitted by Michael Wukoschitz on 11 July, 2011 - 11:59

In its reference for preliminary ruling of March 4, 2011, the OLG Köln referred the follwoing question to the ECJ:

Michael Wukoschitz's picture

German court asks ECJ: can a discontinued flight be regarded as delayed pursuant to Reg. 261/2004?

Submitted by Michael Wukoschitz on 18 April, 2011 - 13:13

Plaintiff had booked a round trip flight from Frankfurt to Antigua. The return flight started on time and had a scheduled stopover in Punta Cana. From there the aircraft started on time as well but due to a technical problem - the landing gear could not be retracted - had to return to Punta Cana airport from where it could only depart again 24 hrs later.

Plaintiff filed a law suit claiming compensation pursuant to Reg. 261/2004. Court of first instance granted the claim. Upon defendant's appeal, the appelate court (LG Frankfurt am Main) referred the following questions to the ECJ

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