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German court files reference for ECJ preliminary ruling regarding denied boarding

The plaintiff booked a flight connection from Frankfurt (FRA) via Sao Paulo (CGH) to Santiago de Chile (SCL) for 3.3.2010. The defendant should have operated the flight FRA-CGH whereas the flight CGH-SCL was scheduled to be operated by a different carrier. On 27.2.2010 an earthquake caused severe damages at the SCL airport.When the plaintiff arrived […]

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Summary available on the ECJ’s hearing in pending cases seeking a revision of “Sturgeon”

The joined cases Nelson v. Deutsche Lufthansa (C-581/10) and TUI et al v. CAA (C-629/10), both seeking a revision of the “Sturgeon” judgement (joined cases C-402/07 and C-432/07), have been heard at the Court of the European Union in Luxembourg on March 20, 2012. In his blog, Cees van Dam, visiting Professor at King’s College

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ECJ Advocate General: no temporal or monetary limitation of the obligation to provide care to air passengers

In his opinion in case C-12/11 – McDonagh v Ryanair, delivered on 22.03.2012, ECJ Advocate General Bot came to the conclusion that circumstances such as the closure of airspace owing to the eruption of a volcano constitute extraordinary circumstances for the purposes of Reg. 261/2004. Additionally, the EU legislation does not imply any limitation –

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European Court of Justice: A hotel operator which broadcasts phonograms in its rooms must pay equitable remuneration to producer

EU law requires the Member States to provide, in their legislation, a right to a single equitable remuneration for producers of phonograms published for commercial purposes, to be paid by the user of such phonograms for broadcasting or for any communication to the public. However, such equitable remuneration need not be paid in the case

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European cruise industry sees strong growth ahead despite current challenges

The international cruise industry, whose top priority is ensuring safety of passengers and crews and which is fully committed to learning lessons from the recent tragic Concordia incident, is confident that it will continue to see steady growth in Europe, said European Cruise Council Chairman Manfredi Lefebvre d’Ovidio. Among Mr. Lefebvre d’Ovidio’s reasons for optimism,

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USA: DOT fines ticket agent and Qantas for advertising violations

The U.S. Department of Transportation (DOT) fined ticket agent Unister USA, also known as Flights24.com, USD 30,000 for violating the Department’s rules on fare advertising and disclosure of code-share flights. An investigation by the Department’s Aviation Enforcement Office found that, from at least July 2011 through October 2011, ads on Unister’s website failed to disclose

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German Supreme Court: domiciliary right allows hotel to ban extremist politician from its premises

In the case of the former chairman of the extreme right wing German NPD (“Democratic Party of Germany”), Udo Voigt, whose wife had booked a private vacation at a wellness resort in Brandenburg but they were denied access by the hotel director on the reason that Voigt’s extreme politcal views were detrimental to the image

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USA: DHS report says X-ray scanners at airports are safe

The inspector general of the U.S. Department of Homeland Security (DHS) reported that full-body X-ray scanning machines at airport security checkpoints use an “extremely low dose” of radiation which is safe for passengers. The report refers to a Johns Hopkins University assesment of 2010 which said that a passenger would have to be screened 47

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