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Airline Insolvency-Pasenger Rights

On the collapse of the Scottish airline, FlyGlobespan, previously reported, those customers who had booked a package holiday with the company were protected by the Civil Aviation Authority’s Air Travel Organiser’s Licensing scheme (ATOL). This enabled those abroad to continue with their holiday and arrangements were made to provide them with alternative flights home at […]

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Sturgeon v. Condor: German Supreme Court grants compensation to plaintiffs

Following the preliminary ruling of the ECJ in Case C-402/07 – Sturgeon v. Condor, German Supreme Court (BGH) in judgement Xa ZR 95/06 delivered Feb. 18. 2010, granted plaintiffs’ claim for compensation. BGH saw no reason for another reference for preliminary ruling as requested by Condor: there were no doubts that Reg. (EC) 261/2004 was

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Germany: Lufthansa facing a four-day strike of its pilots

German pilots’ union Vereinigung Cockpit has called on Lufthansa pilots to participate in a four-day strike from Feb. 22 to 25. Lufthansa said the decision was made despite willingness shown by the airline to reach a negotiated settlement. Vereingung Cockpit tries to explain their reasons in a passenger information sheet.Lufthansa’s German website provides a link

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European Court of Justice has no jurisdiction to interpret Warsaw Convention

Reference to ECJ was made in the course of proceedings brought by Ms Bogiatzi against Société Luxair, société luxembourgeoise de navigation aérienne SA (‘Luxair’), and Deutscher Luftpool, an association under German law, concerning joint and several liability to compensate her for the injury she suffered as a result of an accident which occurred while boarding

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ECJ Advocate General Mazák: liability limits of Montreal Convention cover both, non-material and material damage

Mr. Walz’ checked suitcase was lost on 4 June 2007 during a flight from Barcelona to Porto operated by Clickair. Mr Walz claimed damages of EUR 3 200: EUR 2 700 for the value of the lost baggage and EUR 500 for non-material damage resulting from that loss. Clickair challenged the amount of the damages

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German Supreme Court: statutory period of limitation of Montreal Convention not applying to claims under Reg. (EC) 261/2004

On April 2, 2008, plaintiff had filed a claim for compensation under Reg. (EC) 261/2004 because of cancellation of his scheduled flight from FRA to PMI on Nov. 19, 2005. The statement of claim had been delivered to defendant on May 5, 2008.Both, first instance court (AG Rüsselsheim) and court of appeal (LG Darmstadt) dismissed

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USA: 2009 showed improved airline on-time performance and decreased rate of mishandled baggage

The nation’s largest airlines had an on-time performance rate in 2009 that was their best since 2003, according to the Air Travel Consumer Report released today by the U.S. Department of Transportation (DOT). In addition, the report shows that the carriers’ rate of mishandled baggage last year was the lowest recorded since 2004. According to

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Main St / FFD

: FYI — Main St / FFD2010 WL 265805 (Kan.Dist.Ct.) (Trial Order) District Court of Kansas.Johnson CountyZachary FEE, Plaintiff,v.EXPEDIA, INC., d/b/a Hotels.com, Defendant.No. 09-CV-8466.January 25, 2010.Order on Motion to Dismiss for Improper VenueDavid W. Hauber, District Court Judge.The Court has before it defendant Expedia, Inc.’s (“Expedia”) motion to dismiss plaintiff Zachary Fee’s (“Fee”) petition, filed

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