Passenger rights

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European Council decides on accession of the European Union to the Athens Protocol

By decison of Dec. 12, 2011, the EU Council has approved the accession of the European Union to the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (‘Athens Protocol’), with the exception of Articles 10 and 11 thereof.

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European Union: Commission starts public consultation on the possible revision of the air passenger rights Regulation

The consultation on the possible revision of Regulation (EC) No 261/2004 aims to gather stakeholders' views on the identification of possible shortcomings of the Regulation and their extent, and on the options to improve its application, either via non-legislative measures or via a revision of the Regulation. The consultation period is 19/12/2011 to 11/03/2012.

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

On Sep. 8, 2011 the Austrian Adminstrative Court (VwGH) has filed a reference for preliminary ruling of the Court of the European Union with regard to Reg. (EC) 1371/2007 on Rail Passengers' Rights and Obligations. The referring court wants to know whether

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EU Commission announces "Better Airports" package

On Dec. 1, 2011, the European Commission announced a comprehensive package of measures to help increase the capacity of Europe's airports, reduce delays and improve the quality of services offered to passengers.

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USA: no private right of action pursuant to Air Carrier Access Act

Plaintiff-appellant Mary Lopez appealed a judgment of the United States District Court for the Eastern District of New York entered August 20, 2010 dismissing her disability discrimination claims against appellee Jet Blue Airways ("JetBlue") under the Air Carrier Access Act (ACAA) and the Americans with Disabilities Act (ADA) for failure to state a claim upon which relief can be granted.

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Taiwan: Hong Kong Dragon Airlines accused of discrimination

A Taiwanese tourist accused Hong Kong Dragon Airlines of discrimination for letting Hong Kong passengers switch to a Cathay Pacific flight while denying her the same arrangement after her flight was grounded by tire problems on Oct. 20. Dragon Airlines said that it had not discriminated against any passenger but that the Hong Kong passengers were more eligible for transfer because they did not have checked baggage. The carrier said it will continue its current practice of allowing passengers with no checked baggage to switch planes in the future.

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USA: DOT issues first fine for tarmac delay rule violations

The U. S. Department of Transportation (DOT) fined American Eagle Airlines USD 900,000 for lengthy tarmac delays that took place at Chicago O’Hare International Airport on May 29, 2011.

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European Consumer Centre Network launches Air Passengers Rights Report 2011

On October 28th 2011, the European Consumer Centres Network (ECC-Net) launched the report “Air Passengers Rights Report 2011 – in the aftermath of the Volcanic Ash Crisis”. The report focuses on several aspects regarding air passengers’ rights in the EU today, in particular during 2010.

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USA: DOT fines Caribbean Airlines for improperly limiting reimbursements for delayed baggage

The U.S. Department of Transportation (DOT) fined Caribbean Airlines, a carrier based in Trinidad and Tobago, USD 60,000 for limiting reimbursements for lost, damaged and delayed baggage to less than consumers were entitled under the Montreal Convention.

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Germany: yet another reference for preliminary ruling challenging "Sturgeon"

In a reference for a preliminary ruling from the Landgericht Köln lodged on 5 August 2011 the ECJ is asked the following question:

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