Michael Wukoschitz's picture

German court regards 'automatic' inclusion of cancellation insurance to flight ticket price illegal

German Oberlandesgericht Jena recently held that it was an illegal trade practice to autmaticly include a cancellation insurance to the ticket price during the online booking process. Such practice would deceive the average consumer even if he had the option to avoid the inclusion of the insurance by unclicking the related tickbox. The deceptive practice would also violate EU Regulation 1008/2008 on on common rules for the operation of air services in the Community.

Michael Wukoschitz's picture

Germany: the operator of a hotel review website has no obligation to verify user postings before publishing

In a recent decision the German Kammergericht Berlin held that the operator of a hotel review website has no obligation to verify user postings before publishing. A posting on a Swiss website had suggested that a certain hotel had a bed bug problem. Upon complaint of the hotelier, the operator of the website permanently deleted the posting. Nevertheless the hotelier moved for an interim injunction demanding the website operator to cease and desist from future publication of such allegations.

Michael Wukoschitz's picture

Germany: OLG Köln refers surcharges billed by online booking platform to ECJ

In its reference for preliminary ruling of March 4, 2011, the OLG Köln referred the follwoing question to the ECJ:

Michael Wukoschitz's picture

European Air Passenger Departure taxes detrimental to Kenya tourism?

Kenya wants the United Nations World Tourism Organization (UNWTO) to intervene and help end travel conditions by western states that act as barriers to growth of the tourism industry in developing countries. Kenya's Tourism Minister said the Air Passenger Departure tax introduced by European countries such as the UK, Austria and Germany discouraged tourists from coming to Kenya and other East African countries.He said his government is committed to encourage tourists into the country and reducing visa tax by 50 per cent from 50 USD to 25 USD.

Stephan Keiler's picture

2 new preliminary rulings before ECJ

Two new preliminary rulings regarding travel law have been initiated before the European Court of Justice.

One regarding interpretation of the PTD and the other of the Air Passenger's Rights Regulation:


Michael Wukoschitz's picture

German court asks ECJ: can a discontinued flight be regarded as delayed pursuant to Reg. 261/2004?

Plaintiff had booked a round trip flight from Frankfurt to Antigua. The return flight started on time and had a scheduled stopover in Punta Cana. From there the aircraft started on time as well but due to a technical problem - the landing gear could not be retracted - had to return to Punta Cana airport from where it could only depart again 24 hrs later.

Plaintiff filed a law suit claiming compensation pursuant to Reg. 261/2004. Court of first instance granted the claim. Upon defendant's appeal, the appelate court (LG Frankfurt am Main) referred the following questions to the ECJ

Michael Wukoschitz's picture

Germany: Montreal liabilty limit for lost baggage applies per passenger regardless of number of checked pieces of baggage

On August 31, 2008, the plaintiff traveled together with her husband on a flight from Frankfurt/Main to Malaga, operated by the defandant. Upon arrival she discovered that her golf bag (checked baggage) was lost. She claimed that the bag did not only contain her own golf equipment but also that of her husband who had assigned his claims to her. She sued for a compensation which in total exceeded the amount of the limit under Article 22 para. 2 Montreal Convention.

Michael Wukoschitz's picture

Germany: no liability for copyright infringements by hotel guests through WLAN conncetion

A hotel owner who provides his guests with internet access through a customarily secure and encrypted WLAN connection has no liabilty if the guests or third persons use the internet connection for copyright infringements, a German court recently decided: there is no obligation to examination on behalf of the hotel owner. (LG Frankfurt/Main 18.08.2010, 2-6 S 19/09).

Michael Wukoschitz's picture

Germany: yet another reference for preliminary ruling with regard to Reg. 261/2004

Amtsgericht Köln referred the following questions to the ECJ for preliminary ruling (summarized translation)