Cases

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CJEU clarifies jurisdiction for claims based on Air Passenger Rights Regulation and Montreal Convention

Submitted by Michael Wukoschitz on 8 November, 2019 - 15:27

Following a delay of flights operated by easyJet the applicants in the main proceedings, who are domiciled in Rome (Italy), brought an action before the Tribunale ordinario di Roma (Rome District Court, Italy) seeking an order that easyJet pay the compensation referred to in Articles 5, 7 and 9 of Regulation No 261/2004 and compensate for further material damage and non-material damage resulting from easyJet Airline’s failure to fulfil its contractual obligations.

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Lost/Damaged Baggage and Montreal Convention

Submitted by Michael Wukoschitz on 8 November, 2019 - 15:03

In Naeini v Air Canada, 2019 ONSC 1213, the Ontario Superior Court of Justice ruled that a claim can be made for lost/damaged baggage under Article 22(2) of the Montreal Convention by anyone able to prove that his/her baggage was checked with the carrier, regardless who checked it, and regardless the name on the lost bag's tag.

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Australian Court: air carrier not liable under Montreal for faint on board the aircraft

Submitted by Michael Wukoschitz on 22 October, 2019 - 10:34

The plaintiff was a passenger on Emirates Flight EK 407 from Melbourne to Dubai departing Melbourne on the evening of 15 March 2015. Some hours into the flight, feeling nauseous shortly after the first meal service, she got up from her seat to go to the bathroom. At the bathroom doorway she fainted, fracturing her right ankle in the fall. She says that the reason for her faint was that she was dehydrated. Although she had asked for water on the plane it had not been provided. She sued the defendant seeking damages for her injuries.

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UK Supreme Court asks CJEU for clarification of package organiser liability for suppliers

Submitted by Michael Wukoschitz on 9 August, 2019 - 15:16

In 2010 Mrs X and her husband entered into a contract with the tour operator Kuoni under which Kuoni agreed to provide a package holiday in Sri Lanka. In the early hours of 17 July 2010, Mrs X was making her way through the grounds of the hotel to the reception. She came upon a hotel employee, N, who was employed by the hotel as an electrician and (on the facts found by the judge) known to her as such. N was on duty and wearing the uniform of a member of the maintenance staff.

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CJEU: no reimbursement of ticket price from the air carrier if there is a claim against the tour organiser

Submitted by Michael Wukoschitz on 10 July, 2019 - 15:53

On 19 March 2015, three persons booked return flights between Eelde (Netherlands) and Corfu (Greece) through Hellas Travel, a travel agency established in the Netherlands. Those flights formed part of a ‘package tour’, the price of which was paid to Hellas Travel.

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EU Commission sues Austria over VAT rules for travel agents

Submitted by Michael Wukoschitz on 13 June, 2019 - 12:22

The special VAT scheme for travel agents means that VAT should be applied only on the margins made from sales of travel services to consumers. In return, however, travel agents cannot deduct VAT they pay while buying services from other businesses.

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CJEU Advocate General qualifies AIRBNB as Information Society Service

Submitted by Michael Wukoschitz on 30 April, 2019 - 15:38

Following a complaint by the French Association pour un hébergement et un tourisme professionnel, the Prosecutor’s Office, on 16 March 2017filed an indictment for infringement of the law regulating the conditions for the exercise of activities related to certain transactions concerningreal propertyand financial goodwill(Hoguet Law), in particular, the activities of real estate agents.

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CJEU: damage to an aircraft tyre caused by a screw lying on the runway constitutes "extraordinary circumstances"

Submitted by Michael Wukoschitz on 4 April, 2019 - 12:19

The plaintiff had been passenger of a Germanwings flight from DUB to DUS. When preparing for take-off, the flight crew discovered that one of the aircraft's tyres had been damaged by a screw which must have been lying on the runway. The tyre had to be changed which caused a delay of more than 3 hrs.

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German Supreme Court: break down of the aiport computer system constitutes "extraordinary circumstances"

Submitted by Michael Wukoschitz on 17 January, 2019 - 09:46

The claimants had booked flights from NYC to LON and then on to STR. Due to a break down of the computer systems at JFK aiport (which all in all lasted for 13 hrs), the claimants' flight to LON started 2 hrs late and they missed their conncetion flight to STR. They were rebooked to an alternative flight and reached their final destination with a delay of about 9 hrs. Their claim for compensation under Regulation (EC) No. 261/2004 remained unsuccessful at all court levels.

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CJEU: No Claim for Compensation under the EU Air Passenger Rights Regulation if Air Carrier is Lacking Valid Operating Licence

Submitted by Michael Wukoschitz on 7 January, 2019 - 16:37

In 2017 the claimants had booked a holiday package to Mallorca with TUI Germany including flights with Sundair. Five days before departure they were informed that they were rebooked to other flights operated by other airlines wtih an outward flight arrving in Mallorca more than 13 hrs later and a return flight arrivng in Germany more than 3 hrs later than orginally booked. They filed a law suit against Sundair for compensation according to Reg. (EC) No. 261/2004.

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