Michael Wukoschitz's blog

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CJEU: airline crew members can sue their employer at their "home base"

Ryanair and Crew link are companies established in Ireland. Ryanair is active in the international passenger air transport sector. Crewlink is specialised in the recruitment and training of cabin crew for airlines. Between 2009 and 2011, employees of Portuguese, Spanish and Belgian nationality were hired by Ryanair or by Crewlink, then assigned to Ryanair, as cabin crew (air hostesses and stewards ).

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Austrian Supreme Court: sporting operator not liable for banana boat accident

In August 2013, the plaintiff who spent his holidays at an Austrian lake booked a "banana boat ride" operated by the defendant. Before mounting the "banana", the participants were instructed that the banana was likely to capsize and they should cling on tight.  During the ride which was operated in an accurate manner and at reasonable speed the banana, indeed, capsized and the plaintiff was seriously injured on his head probably because he collided with another passenger's body.

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CJEU decides on disclosure of air ticket price components and cancellation fees

A German Consumer Association (Bundesverband der Verbraucherzentralen und Verbraucherverbände) made a test booking on Air Berlin’s website and found that the taxes, charges and fees applicable to the ticket were indicated as being only 1 Euro or 3 Euro while the real taxes, charges and fees must have been much higher. The Consumer Association regarded this practice as misleading.

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Australia: hotel occupier liable for fall at raised timber platform in the lobby

Shortly before midday on 19 June 2009 the plaintiff tripped over the corner of a raised timber platform in the lobby area of the Manly Pacific Hotel. As a result he suffered injuries to his neck, right shoulder and back. That relatively dark timber platform was a permanent structure in the hotel lobby and was positioned to the right side of the walkway to the main bar area, the entrance to which was on the left hand side of the foyer area. It was rectangular in shape – 1770 mm wide, 2625 mm long and 151 mm in height.

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USA: 9th Circuit Court of Appeal upholds block on "Travel Ban"

In a unanimous, per curiam ruling, a three-judge panel largely upheld the block on President Trump’s revised Travel Ban keeping people from six majority-Muslim nations from entering the United States for 90 days. The judges pointed out that although the Immigration and Nationality Act (“INA”) gives the President broad  powers to control the entry of aliens, and to take actions to protect the American public, immigration, even for the President, is not a one-person show. The President’s authority is subject to certain statutory and constitutional restraints .

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Brazilian courts to apply Montreal Convention, finally?

According to an article published on "Lexology", on May 25, 2017  the Brazilian Supreme Federal Tribunal has passed a judgement which acknowledges the application of the Montreal Convention in international air transport cases. Although Brazil is party to the Warsaw and the Montreal Convention which both provide for their exclusivity, Brazilian courts have been rather reluctant in applying these conventions and tended to give precedence to national law, in particular the Brazilian Consumer Defence Code.

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CJEU Advocate General: Uber can be required to obtain the necessary licences under national law

In 2014 the Asociación Profesional Elite Taxi (‘Elite Taxi’), a professional organisation representing taxi drivers in the city of Barcelona, brought an action before Commercial Court No 3 in Barcelona asking the court, inter alia, to impose penalties on the Spanish company Uber Systems Spain SL (‘Uber Spain’), a company belonging to a group managing the Uber platform, for engaging in unfair competition towards Elite Taxi’s drivers. In particular, Elite Taxi maintained that Uber Spain is not entitled to provide the UberPop service in the city of Barcelona.

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Germany: no free termination of package contract because of voided passports

The plaintiff had booked a holiday package to the U.S. organized by the defendant. She was supposed to travel to the U.S. together with her husband and her daughter on May 19, 2013. In January 2013 she applied for new passports for her daughter and herself which were issued and sent to her accordingly. However, as the authorties did not receive any confirmation of delivery, it was assumed that the passports had got lost and therefore they were declared void. However, no information was provided to the plaintiff.

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IFTTA Law Review 1-2017 now online

The IFTTA Law Review 1-2017 contains a Message of the President by Marc McDonald, an article on hotel liabilty in personals injury cases by Arie Odinocki, George Nathanael and Hilary Wise and a report on the 6th IFTTA North America Conference by Doug Crozier. It is now available as pdf in the members area of the website.

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CJEU clarifies burden of proof for timely information on flight cancellation

In case of cancellation of a flight, according to Article 5 of Regulation (EC) No 261/2004 the carrier shall be exempt from the obligation to pay compensation if the passengers were informed of the cancellation at least two weeks before the scheduled time of departure.

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