Passenger rights

Michael Wukoschitz's picture

Austria: tour organiser not liable for costs of extended stay caused by flight cancellation due to the ash cloud crisis

The plaintiff had booked a holiday package and spent her vacations in Gran Canaria in April 2010. Her return flight scheduled for April 17, 2010 had been cancelled because of the air space closures caused by the 'ash cloud'. Thus she had to stay in Gran Canaria until April 23, 2010 and bear the extra costs of this extend stay (mainly: hotel and telephone costs). Back home she sued the tour organiser for compensation. The appelate court (LG Innsbruck), however, dismissed the claim against the tour organiser.

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Germany: railway company liable for black ice accident on platform

About to take a train from Solingen to Dresden, the plaintiff who had already bought her ticket for the train ride slipped on the platform because of black ice and got injured. After a claim against the company which owns the station premises was dismissed because that company had assigned its duties to clear the platforms from snow and ice to a third company, the plaintiff filed a new law suit against the railway company.

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USA: deplaned passenger's complaint fails to state a viable cause of action under the Montreal Convention

The plaintiff and her daughter boarded the aircraft for a Continental flight from Newark to Cancun, Mexico. After a dsipute with the flight attendants over her seating and and while waiting in the forward galley, the plaintiff began talking on her cell phone.  When a flight attendant told her to end the call, she replied that “the pilot didn’t announce not to be on your phone and I’m talking to my Mom” and continued her conversation. The flight attendant then told the plaintiff to stop talking on her phone or else exit the plane.

Michael Wukoschitz's picture

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.

Michael Wukoschitz's picture

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.

Michael Wukoschitz's picture

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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