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Plaintiff, a hotel company, is running a hotel in Austria and a related website, the latter also indicating plaintiff’s email address. Defendant, a German consumer, had made a room reservation through email. Plaintiff is claiming for payment of room rate and filed a law suit at the Austrian court where the contract was performed. Defendant […]

During her holidays on the beach, plaintiff doze off under an umbrella. As the shadow moved she got exposed to sunshine for several hours. When she got up she suffered a circular collapse, fell and banged her head against the concrete border of a flowerbed.Her claim against the accident insurance was dismissed by German Supreme

Council Directive 93/13/EEC on unfair terms in consumer contracts provides that unfair terms used in a contract concluded with a consumer by a seller or supplier are not binding on consumers. In a decision of June 4th, 2009 (Case C—243/08 – Pannon GSM Zrt. v. Erzsébet Sustikné Győrfi) ECJ held that the protection which the

Form of order sought a declaration that the Italian Republic has failed to fulfil its obligations under Article 7 of the ptdPleas in law and main arguments1. By fixing a period of three months from the foreseen date of the end of travel for the purpose of making an application for action by the Guarantee

The U.S. State Department has issued its annual alert on the coming of the Hurricane Season in the Atlantic and Pacific oceans, the Caribbean and the Gulf of Mexico. The official Atlantic Hurricane Season runs from June through November. The alert expires on Dec. 4, 2009. It cites officials at the National Weather Service and

Following its decision of April 30, 2009, German Supreme Court(BGH) in a recent decision of May 28, 2009 (Xa ZR 113/08) confirmed that the miss of a connecting flight due to a delay of the feeding flight does not constitute “denied boarding” under Reg. 261/2004.Furthermore there was no claim for price reduction based on the

The Califonia law suit was barely setteled when Illinois Attorney General Lisa Madigan filed a similar law suit against YTB: again YTB is charged with operating an “unlawful pyramid sales scheme.” Illinois charged that YTB violates the state’s Consumer Fraud Act by misrepresenting that it is a travel agency “when in fact the primary function

South Korean government is introducing a new category of visa for tourists who visit the country for medical purposes. The foreign medical tourist visa, M, is adopted in a bid to boost the nation’s medical tourism industry as local hospitals and medical institutes have strongly requested the government to simplify the visa issuance process. According

New EU results published yesterday show a “step change” in airline ticket selling websites across Europe in terms of compliance with consumer protection rules. The findings feature in a final report on an 18 month EU-wide process to crackdown on misleading advertising and unfair practices. As a result of an EU enforcement investigation started in