Cases

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.

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.

Under German law, any coach transport operator providing a regular cross-border service within the Schengen area to Germany must check the passports and residence permits of the passengers before they cross the German border in order to prevent a transport of third-country nationals not in possession of those travel documents to German territory.

According to Article 17 of the MC, an air carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. In Saks v Air France, the US Supreme Court has defined the term "accident" as "an unexpected or unusual event or happening that is external to the passenger" and caused the injury.