News

EU Commission revises guidelines on state aid to airports and airlines

On February 20, 2014, the European Commission released new Guidelines for the assessment of State aid to airports and airlines. The revised Guidelines which follow from a public consultation in 2011 with the purpose to reassess the Commission’s former 2005 Guidelines introduce substantial changes:State aid for airport operating costs will only be allowed during a […]

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Swiss Federal Court: tour organizer not liable for paraglider accident

The plaintiff who had had successfully completed his paragliding education in 2001, in 2002 booked a paragliding package to Italy with defendant. After some flights with a paraglider classified as being of “good-natured” flight characteristics, he changed to a more demanding paraglider classified for experienced pilots. At the second attempt with this other paraglider, it

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European Parliament publishes report on air passenger rights revision

On Jan. 22, 2014, the Committee on Transport and Tourism of the European Parliament published a report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004. The report refers to an incomplete and inconsistent implementation of the existing Regulation by both the carriers and the

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CJEU Advocate General: EU law allows air carriers pricing freedom – including services such as checking in baggage

In August 2010, the air carrier Vueling added a surcharge of €40 to the base price of airline tickets (€241.48) purchased by Ms Arias Villegas when she checked in two pieces of baggage online. Ms Villegas therefore lodged a complaint against Vueling, claiming that the contract of carriage by air concluded with that undertaking contained

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UK: Office of Fair Trading consults on amendments to proposed hotel online booking commitments

On Dec. 20, 2013, the UK Office of Fair Trading (OFT) opened a consultation on revised commitments proposed by Booking.com B.V. (Booking.com), Expedia Inc (Expedia) and InterContinental Hotels Group plc (IHG) designed to address competition concerns in relation to the online offering of room-only hotel accommodation bookings by online travel agents (OTAs).A Statement of Objections

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USA: DOT fines Qantas for not informing passengers of opportunity to leave delayed aircraft

The U.S. Department of Transportation (DOT) announced that Qantas Airways violated federal rules last March by not informing passengers on a delayed aircraft at Dallas/Fort Worth International Airport that they had the opportunity to leave the plane as it sat at the gate for an extended period of time with the door open. DOT fined

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German Supreme Court: tour organizer must not reserve alterations of the flying times

Upon law suit filed by a federal consumer association, the German Supreme Court has regarded contractual provisions unfair and illegal which allowed the tour organizer to alter the flying times. The “General Conditions of Contract” of the defendant had contained the following provision:”Final flying times will be communicated by the organzier in the travel vouchers.

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Austrian Supreme court asks CJEU for interpretion of Reg. 785/2004 and the Montreal Convention

In a recent decision, the Austrian Supreme Court (OGH) has filed a reference for preliminary ruling to the CJEU with regard to Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators and the Montreal Convention.In the case concerend, the

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Aviation Safety Network: accident fatalities at record low in 2013

The 2013 airliner accident statistics released by the Aviation Safety Network on January 1, 2014 shows a record low total of 265 airliner accident fatalities, as a result of 29 fatal airliner accidents. Thus, the year 2013 was a very safe year for commercial aviation: the number of fatalities is significantly lower than the ten-year

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UK: Supreme Court finds refusal of double room to same sex couple discriminatory

In its judgement of Nov. 27, 2013, in case Bull and another v Hall and another [2013] UKSC 73, the UK Supreme Court held that a same sex couple had been directly discriminated against because of their sexual orientation when they were refused a double room in a hotel. For religious reasons, Mr and Mrs

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