Germany

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

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

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

German Court challenges EU Regulation on security standards for passports and travel documents

In the case concerned, the claimant had filed for a new passport but refused to provide his finger prints. The city of Bochum has therefore denied the issuance of the passport and the claimant filed a law suit against the city of Bochum before the Administrative Court Gelsenkirchen.

The court has doubts whether

Michael Wukoschitz's picture

Germany: lugagge to be carried on a later flight is no legitimate reason to deny boarding

The plaintiff and his companions had booked a holiday package to Curacao. The flight MUC-AMS-CUR was to be operated by the defendant. The passengers' luggage was checked through from MUC to CUR. The flight MUC-AMS arrived in AMS with a delay of 20 mins. Nevertheless, the passengers were able to reach the gate for the connecting flight on time. However, they were denied boarding because it was not possible to transship their luggage in due time and same was to be carried on a later flight only.

Michael Wukoschitz's picture

German Supreme Court: no compensation for flight cancellation caused by strike

In two cases the passengers' LH flights from Miami to Germany were cancelled because of a strike of the pilots which followed a call for strike by a pilots' association. In first instance, the courts granted compensation pursuant to Reg. 261/2004. In second instance, the Landgericht Köln dismissed LH's appeal reasoning the a strike of the carrier's own staff could not constitute extraordinary circumstances. In the second case, however, the Landgericht Frankfurt/Main followed LH's appeal and reversed the judgement.

Michael Wukoschitz's picture

CJEU: inclusion of flight cancellation insurance as a default setting unlawful when selling air tickets over the internet

A German consumer-protection association has taken proceedings against ebookers.com before the German courts with a view to requiring that company to refrain from automatically including cancellation insurance with the air fare:

Michael Wukoschitz's picture

ECJ Advocate General proposes the Court to confirm its "Sturgeon"-Judgement

On May 15, 2012, ECJ Advocate General Bot has delivered his opinion in two pending cases where the national courts sought a review of the "Sturgeon"-Judgement. In this judgement, the Court of Justice had ruled that passengers whose flights are delayed may be treated, so far as the right to compensation is concerned, in the same way as passengers whose flights are cancelled.

Michael Wukoschitz's picture

Germany: Supreme Court to hear cases on airline personnel strikes as "extraordinary circumstances"

On June 5, 2012, the German Civil Supreme Court (BGH) will hear two cases involving flight cancellations due to airline personnel strikes. In one case the appelate court (LG Köln) had held that the operating carrier may not refer to a strike of its own personnel as an "extraordinary circumstance", in the other case the second instance court (LG Frankfurt/Main) had decided to the contrary.

Michael Wukoschitz's picture

Germany: Fiscal Court decides over VAT on hotel vouchers

In a decsion of Sep. 8, 2011, the German Federal Fiscal Court (BFH) decided that

Páginas

X
Enter your iftta.org username.
Enter the password that accompanies your username.
Loading