Air Passengers

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Thailand: new International Carriage by Air Act

Thailand which is not a party of the Montreal Convention yet has adopted a new  International Carriage by Air Act to come into force on May 14, 2015. The Act will apply to domestic and international carriage by air and will replace the application of the Thai Civil and Commercial Code to aviation cargo and passenger claims. It intends to approximate national law to the Montreal Convention of 1999 inter alia by introducing liability limits and a two years limitation period. An English translation of the Thai International Carriage by Air Act B.E.

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Germany: two new Supreme Court decisions on air passenger rights

On March 17, 2015 the German Supreme Court (BGH) has passed two judgements with regard to Regulation (EC) 216/2004.

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CJEU provides another clarification of the Air Passenger Rights Regulation (EC) 216/2004

In its judgement of today, the Court of the European Union (CJEU) held that the ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

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USA: court finds 'No Fly List' unconstitutional

A federal judge in Orgeon struck down as unconstitutional the government’s procedures for people on the No Fly List to challenge their inclusion.

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German Supreme Court: general strike or breakdown of the radar system qualify as "extraordinary circumstances"

The German Supreme Court (BGH) recently decided two cases related to flight delays.

In the first case, the plaintiff's flight from Frankfurt/Main to Menorca was delayed more than 3 hrs because of a general strike in Greece which affected the previous circulation of the aircraft. The return flight to Frankfurt was also delayed more than 3 hrs because of a breakdown of the radar system in the Greek airspace which, again, delayed the arrival of the aircraft from a previous circulation.

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More references for CJEU prelimiary ruling on Air Passenger Rights Regulation lodged by German courts

With regard to Reg. EC No 261/2004 (" Air Passenger Rights Regulation") the follwowing issues have recently been referred to the CJEU by German courts:

1. Reference of Feb. 4, 2014 by Landgericht Hannover  (C-79/14 - TUIfly):

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European Commission: Member States still need to strengthen enforcement of air passenger rights

The European Commission has published today a review of passenger rights' complaint handling and enforcement in the European air transport sector between 2010 and 2012. The review shows that complaints to national authorities for compensation and assistance have returned to lower levels since the exceptional year 2010 (ash cloud crisis, snow disruptions). Also, airlines get sanctioned in only 1% of the cases as most of the complaints are settled without having to resort to such measures in order to ensure enforcement.

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European Parliament publishes report on air passenger rights revision

On Jan. 22, 2014, the Committee on Transport and Tourism of the European Parliament published a report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004.

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USA: DOT fines Qantas for not informing passengers of opportunity to leave delayed aircraft

The U.S. Department of Transportation (DOT) announced that Qantas Airways violated federal rules last March by not informing passengers on a delayed aircraft at Dallas/Fort Worth International Airport that they had the opportunity to leave the plane as it sat at the gate for an extended period of time with the door open.  DOT fined Qantas USD 90,000 and ordered the airline to cease and desist from further violations.

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