The joined cases Nelson v. Deutsche Lufthansa (C-581/10) and TUI et al v. CAA (C-629/10), both seeking a revision of the “Sturgeon” judgement (joined cases C-402/07 and C-432/07), have been heard at the Court of the European Union in Luxembourg on March 20, 2012. In his blog, Cees van Dam, visiting Professor at King’s College London, provides a brief summary of the hearing. Reportedly the the Governments of France and Poland, the European Commission and the European Parliament filed statements arguing that Sturgeon was in line with the Montreal Convention while the Governments of the United Kingdom and Germany and by the EU Council of Ministers supported the view of Lufthansa and TUI that the right to compensation in case of delay as set out in Sturgeon was not in line with the Montreal Convention. According to Cees’ report, the Judge-Rapporteur in the two pending cases is Judge Malenovsky who has also been Rapporteur in the cases IATA and Sturgeon.
