European Court of Justice

Michael Wukoschitz's picture

UK Supreme Court asks CJEU for clarification of package organiser liability for suppliers

In 2010 Mrs X and her husband entered into a contract with the tour operator Kuoni under which Kuoni agreed to provide a package holiday in Sri Lanka. In the early hours of 17 July 2010, Mrs X was making her way through the grounds of the hotel to the reception. She came upon a hotel employee, N, who was employed by the hotel as an electrician and (on the facts found by the judge) known to her as such. N was on duty and wearing the uniform of a member of the maintenance staff.

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CJEU Advocate General qualifies AIRBNB as Information Society Service

Following a complaint by the French Association pour un hébergement et un tourisme professionnel, the Prosecutor’s Office, on 16 March 2017filed an indictment for infringement of the law regulating the conditions for the exercise of activities related to certain transactions concerningreal propertyand financial goodwill(Hoguet Law), in particular, the activities of real estate agents.

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CJEU: damage to an aircraft tyre caused by a screw lying on the runway constitutes "extraordinary circumstances"

The plaintiff had been passenger of a Germanwings flight from DUB to DUS. When preparing for take-off, the flight crew discovered that one of the aircraft's tyres had been damaged by a screw which must have been lying on the runway. The tyre had to be changed which caused a delay of more than 3 hrs.

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CJEU: No Claim for Compensation under the EU Air Passenger Rights Regulation if Air Carrier is Lacking Valid Operating Licence

In 2017 the claimants had booked a holiday package to Mallorca with TUI Germany including flights with Sundair. Five days before departure they were informed that they were rebooked to other flights operated by other airlines wtih an outward flight arrving in Mallorca more than 13 hrs later and a return flight arrivng in Germany more than 3 hrs later than orginally booked. They filed a law suit against Sundair for compensation according to Reg. (EC) No. 261/2004.

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Schengen Borders Code precludes Germany from requiring coach companies to check passports

Under German law, any coach transport operator providing a regular cross-border service within the Schengen area to Germany must check the passports and residence permits of the passengers before they cross the German border in order to prevent a transport of third-country nationals not in possession of those travel documents to German territory.

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Austrian Supreme Court lodges request for CJEU preliminary ruling on Montreal Convention

According to Article 17 of the MC, an air carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. In Saks v Air France, the US Supreme Court has defined the term "accident" as "an unexpected or unusual event or happening that is external to the passenger" and caused the injury.

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CJEU decides on forum in air passenger rigths cases

In Rehder v Ari Baltic (C-204/08) the Court of Justice of the Europena Union had decided that in the case of air transport of passengers from one Member State to another Member State, carried out on the basis of a contract with only one airline, which is the operating carrier, the court having jurisdiction to deal with a claim for compensation founded on that transport contract and Reg. (EC) No.

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CJEU: airline crew members can sue their employer at their "home base"

Ryanair and Crew link are companies established in Ireland. Ryanair is active in the international passenger air transport sector. Crewlink is specialised in the recruitment and training of cabin crew for airlines. Between 2009 and 2011, employees of Portuguese, Spanish and Belgian nationality were hired by Ryanair or by Crewlink, then assigned to Ryanair, as cabin crew (air hostesses and stewards ).

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CJEU Advocate General: Uber can be required to obtain the necessary licences under national law

In 2014 the Asociación Profesional Elite Taxi (‘Elite Taxi’), a professional organisation representing taxi drivers in the city of Barcelona, brought an action before Commercial Court No 3 in Barcelona asking the court, inter alia, to impose penalties on the Spanish company Uber Systems Spain SL (‘Uber Spain’), a company belonging to a group managing the Uber platform, for engaging in unfair competition towards Elite Taxi’s drivers. In particular, Elite Taxi maintained that Uber Spain is not entitled to provide the UberPop service in the city of Barcelona.

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CJEU clarifies burden of proof for timely information on flight cancellation

In case of cancellation of a flight, according to Article 5 of Regulation (EC) No 261/2004 the carrier shall be exempt from the obligation to pay compensation if the passengers were informed of the cancellation at least two weeks before the scheduled time of departure.

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