insolvency

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.

U.S.-DOT: new rules for charter operators

Submitted by Michael Wukoschitz on 26 November, 2012 - 18:29

The Transportation Department has issued a guidance letter to tour operators and others in the public charter industry, imposing new requirements in the wake of the March collapse of Direct Air. According to the DOT, the company:

European Court of Justice: insolvency protection also applies in case of a package organiser’s fraudulent conduct

Submitted by Michael Wukoschitz on 16 February, 2012 - 10:57

The Landgericht Hamburg (Regional Court, Hamburg, Germany) had asked the ECJ whether the protection of consumers pursuant to article 7 of the Package Travel Directive (PTD) also applied where the insolvency was attributable to fraudulent conduct on the part of the travel organiser. The Landgericht Hamburg must rule on the action brought by Mr Blödel-Pawlik against HanseMerkur Reiseversicherung AG, a German insurance company, concerning its refusal to refund the cost of package travel which did not take place because of the insolvency of the travel organiser, Rhein Reisen GmbH.

German Supreme Court clarifies scope of PTD insolvency protection

Submitted by Michael Wukoschitz on 2 November, 2011 - 17:33

In judgement of Nov. 2, 2011 the German Supreme Court (BGH) held that insolvency protection pursuant to Art. 7 PTD also covers the repayment of the travel price if the organiser had cancelled the package trip before going bust. Neither Art. 7 PTD nor German law would require a causal connection between the insolvency of the organiser and the cancellation of the trip. Due to clear wording of Art. 7 PTD in this regard, the BGH saw no reason to file a reference for preliminary ruling to the ECJ.