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Austrian Supreme Court: “bad weather” not enough to release air carrier from compensation for cancellation

In a recently published decision, the Austrian Supreme Court has held that although bad weather can be an indication for “extraordinary circumstances” but doesn’t itself constitute such circumstances. The carrier has to prove that despite adverse weather conditions it took all reasonable measures to avoid a flight cancellation. Such measures could include re-routing of the […]

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Recent EU Implementing Regulations in aviation matters

Commission Implementing Regulation (EU) No654/2013 of 10July 2013 amending Regulation (EU) No185/2010 in respect of EU aviation security validation checklists for third country entitiesCommission Implementing Regulation (EU) No657/2013 of 10July 2013 amending Implementing Regulation (EU) No1079/2012 laying down requirements for voice channels spacing for the single European skyCommission Implementing Regulation (EU) No659/2013 of 10July 2013

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German Supreme Court asks ECJ for interpretation of article 12 of Reg. 261/2004

In a recent reference for ECJ preliminary ruling, the German Supreme Court (BGH) has asked for an interpreation of article 12 of the Air Passenger Rights Regulation 261/2004. This article provides that the Regulation shall apply without prejudice to a passenger’s rights to further compensation but that the compensation granted under this Regulation may be

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USA: equal rights for same-sex spouses in visa applications

The U.S. State Department has announced that it will treat visa applications of same-sex spouses in the same way that it treats applications of heterosexual spouses, effective immediately. Under the new rules, any marriage that has been performed in a jurisdiction that recognizes it as legal, will be treated as valid under U.S. immigration laws,

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Italy: OTAs succeed against Ryanair over website access

With decision No. 7825/2013 of June 4, 2013, the Court of Milan has held that Ryanair’s refusal to grant access to its database and booking procedures to an online travel agency was an abuse of its dominant market position. Ryanair’s General Conditions for the use of its website interdicted any access for commercial purposes an

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German court asks ECJ to clarify offsetting rules in Air Passenger Rights Regulation

A German Regional Court, the “Landgericht Frankfurt am Main”, has filed a reference for preliminary ruling to the European Court of Justice asking for interpretation of article 12 of Reg. 261/2004/EC as follows:Does a passenger have a right to full compensation in case of a lengthy flight delay even if a third person (who was

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USA: DOT fines Delta for violating Denied Boarding Rules

The U.S. Department of Transportation (DOT) assessed a civil penalty against Delta Air Lines for violating federal rules protecting passengers who are denied boarding against their will, or “bumped,” on oversold flights. DOT fined Delta USD 750,000 and ordered the airline to cease and desist from further violations.When an airline oversells a flight, DOT regulations

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Austrian Supreme Court: ticket office must disclose commission

The defendant runs a ticket office which sells theater and concert tickets through the internet. In the course of the online booking process, the website showed the total price of the respective ticket and the information “ticket price includes booking fee and VAT”. Only the General Conditions of Contract contained the information that the booking

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Tourist’s rights and duties in Belo Horizonte, Brazil

The municipality of Belo Horizonte, city located in the State of Minas Gerais, BRAZIL, issued on June 17th a pocket guide for tourists written in three languages, Portuguese, Spanish and English which is being distributed in airports as well as in consumer agencies of Belo Horizonte.The pocket guide contains a collection of useful information on

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