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Austria: no liability for depressive mood following massive flight delay

Plaintiff had booked a package tour to Turkey together with his wife and their two children. Because of technical problems, the outward flight to Turkey was delayed for 26 hrs. Plaintiff claimed that because of a depressive psychosis he was suffering from, the fligth delay had caused a depressive mood which had prevented him from […]

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Austrian Supreme Court addresses excessive term of timesharing contract

In July 2003 plaintiffs had acquired timesharing rights (right to use an appartement one week per year) in defandants’ hotel at CHF 10.000 and a yearly contribution of CHF 490. The contract term was scheduled until 20.01.2050 (!). In their law suit filed in 2008, plaintiffs sought for termination of their contract by 20.01.2015 and

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Austria: hotel entitled to compensation for bitumen dirt

Defendant, a local community, had repaired a street in front of plaintiff’s hotel. As the bitumen used was defective, particles came off and were brought into the hotel through the shoes of the guests and caused dirty spots on carpets and furniture.Austrian Supreme Court (OGH) held that such dirt particles had to be regarded an

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USA: no testimony of FBI agents regarding 9/11 probes

In an order relating to three wrongful death cases and 19 property-damage cases following the 9/11 attacks, U.S. District Judge Alvin Hellerstein in Manhattan denied a motion by the airlines to question six current and former FBI agents. The airline defendants had hoped to show at trial that the government’s failure to apprehend the terrorists

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German Supreme Court (BGH): no price reduction for delayed flight

Plaintiff had booked a flight from Frankfurt/Main (FRA) to Phoenix (PHX) via Washington, D.C. (DCA). The flight from FRA to DCA was scheduled for departure on Oct. 7, 2006, 13:25 hrs. Departure was delayed to 17:00 hrs and plaintiff missed his conneting flight to PHX. He claimed for compensation under Reg. 261/2004 as well as

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European Court of Justice: court of place of departure or arrival compentent for compensation claims under Reg. 261/2004

In a judgement rendered today (Case C-204/08, Rehder v. Air Baltic), ECJ held that neither the location of the head office of the company operating the flight nor the place where the air transport contract was entered into is conclusive with regard to the choice of the court having jurisdiction in regard to claims for

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