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German Supreme Court: no compensation from non-EU carrier for delay of connecting fligth departing from non-EU airport

In the two cases decided by the German Supreme Court (BGH) recently, the plaintiffs each had booked long haul flights with non Commnunity carriers. In both cases the transportation consisted of two segments, a feeder flight departing from the EU to a non EU hub and a connecting flight departing from this hub outside the […]

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Germany: court decides that airline can ban OTA from access to its booking website

The plaintiff, an Irish low cost carrier, exclusively sells tickets through its own website or its call center in order to keep the fares low and avoid customers being charged with any service fees by third parties. To book a flight on the website it is required to accept the carrier’s General Condtions of Contract.

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CLIA: new safety policies for global cruise industry

Cruise Lines International Association(CLIA) and the European Cruise Council(ECC) unveiled three additional cruise safety policies to address issues related to lifejacket stowage on newly-constructed ships, the securing of heavy objects onboard ships, and the synchronization of bridge operating procedures within commonly owned and operated fleets. The two cruise organizations claim these policies exceed current international

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Austrian Supreme Court: domain “hotel.eu” registered in bad faith

Shortly before the start of the registration for “.eu” domains, the plaintiff who was not active in the accomodation business had registered a mixed figurative and verbal trademark “HOTEL” which was only admitted because of the distinctive graphic design. Apart from that, the plaintiff had registered 30 to 40 generic tradmarks in Austria and acquired

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ECJ decides on VAT taxation of in-house transport services provided by a travel agent

In its judgement of 25 Oct. 2012 in case C-559/11, the Court of the European Union has held that Articles 306 to 310 of VAT Directive must be interpreted as meaning that where, in the context of a tourist service provided to a tourist in return for an all-inclusive price imposed in conformity with those

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Germany: Supreme Court decides on international jurisdiction with regard to letting of holiday homes

The plaintiffs, domiciled in Germany, had rented a holiday home in Belgium from a Danish tour operator (the defendant). They had several complaints about the condition of the home and claimed for a price reduction. Based on the consumer forum pursuant to Articles 15 and 16 of the Brussels I-Regulation they filed their claim before

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UK: Birmingham County Court decides in broken glass door case

The Russell family booked a holiday package to Spain. At the time of booking they made clear that they were not seasoned travellers and specifically requested accommodation which was suitable for young children because they took along their 4 year old daughter. They were dulyreassured. At the hotel they were allocated to a room with

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Single European Sky: 10 years on and still not delivering

The Single European Sky, the flagship project to create a single European airspace – tripling capacity and halving air traffic costs – is “not delivering”. Vice-President Siim Kallas, European Commissioner for transport, announced his intention to present new legislative proposals in Spring 2013 to accelerate implementation, as well as taking all enforcement actions possible, including

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