European Union

Michael Wukoschitz's picture

CJEU Advocate General: a railway undertaking may not exclude refund of the ticket price in cases of force majeure

The EU Regulation 1371/2007 on rail passengers’ rights and obligations provides that a passenger who is facing a delay of one hour or more may request a partial refund of the ticket price from the railway company. This compensation is a minimum of 25% of the ticket price for delays of one hour to 119 minutes and a minimum of 50% for delays of two hours or more.

Michael Wukoschitz's picture

EU: New legislation on Alternative and Online Dispute Resolution

On 12 March 2013, the European Parliament voted to support the new legislation on Alternative Dispute Resolution and Online Dispute Resolution. The vote confirms the political agreement reached in December 2012 on the two legislative proposals put forward by the European Commission in 2011. The new legislation will now soon be adopted.

Stephan Keiler's picture

Proposal for a new EU Air Passengers' Rights Regulation

and here is the brand new Proposal itself (fr, en, de only!): COM (2013) 130 final




Michael Wukoschitz's picture

European Court of Justice: compensation for flight delay not conditional upon delay at departure

Mrs Folkerts held a reservation to fly from Bremen (Germany) to Asunción (Paraguay), via Paris (France) and São Paulo (Brazil). The departure of the flight from Bremen to Paris, operated by the company Air France, was delayed and the aircraft took off with a delay of approximately two and a half hours beyond the scheduled departure time.
Michael Wukoschitz's picture

CJEU: no limitation of the air carriers' obligation to provide care to passengers in case of volcanic eruption

In the event of cancellation of a flight, the air carrier is obliged, under Reg. 261/2004/EC, to provide care to passengers as well as to provide compensation. As regards the obligation to provide care, the air carrier must provide free of charge, in light of the waiting time, refreshments, meals and, where appropriate, hotel accommodation and transport between the airport and place of accommodation, as well as means of communication with third parties.

Michael Wukoschitz's picture

Boeing Dreamliners grounded by several aviation authorities around the world

As a result of an in-flight, Boeing 787 battery incident in Japan, the U.S. Federal Aviation Administration (FAA) has grounded Boeing 787 Dreamliners over safety concerns. Other regulators around the world have followed:

Michael Wukoschitz's picture

EU-Commission updates Airline Blacklist

On Dec. 4, 2012, the European Commission has adopted the 20th update of the European list of air carriers which are subject to an operating ban or operational restrictions within the European Union, better known as "the EU air safety list". Because of important safety concerns, air carriers certified in Eritrea have been added to the list.

Michael Wukoschitz's picture

ECJ decides on airlines' liability for checked baggage pursuant to the Montreal Convention

The Montreal Convention provides that an air carrier must pay compensation to each passenger, limited to 1 000 Special Drawing Rights (‘SDRs’) per passenger, in the event of the loss of his baggage during a flight operated by the carrier or while the baggage was in the carrier’s charge. The carrier must provide passengers with an identification tag for each piece of checked baggage.

Michael Wukoschitz's picture

ECJ: Rail passengers must be given information on main connecting services, whichever railway undertaking operates them

The (privately owned) railway undertaking Westbahn Management GmbH operates passenger rail transport services on the Vienna-Salzburg line in Austria. State owned ÖBB-Infrastruktur AG is the railway infrastructure manager in Austria and manages the major part of the Austrian rail network, including the Vienna-Salzburg line. It has at its disposal real-time data on the positions of all trains operating on the Austrian rail network it manages. The data is communicated to the various railway undertakings where it concerns those undertakings’ trains.

Michael Wukoschitz's picture

ECJ clarifies time limit for court actions under EU Air Passenger Rights Regulation

The "EU Air Passenger Rights Regulation" (Reg, [EC] 261/2004) affords air passengers a right to compensation according to the distance and destination of their cancelled flight, unless the cancellation is caused by extraordinary circumstances. However, it does not specify any time-limit for bringing actions for compensation.