Air Passengers

Michael Wukoschitz's picture

CJEU: no reimbursement of ticket price from the air carrier if there is a claim against the tour organiser

On 19 March 2015, three persons booked return flights between Eelde (Netherlands) and Corfu (Greece) through Hellas Travel, a travel agency established in the Netherlands. Those flights formed part of a ‘package tour’, the price of which was paid to Hellas Travel.

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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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German Supreme Court: break down of the aiport computer system constitutes "extraordinary circumstances"

The claimants had booked flights from NYC to LON and then on to STR. Due to a break down of the computer systems at JFK aiport (which all in all lasted for 13 hrs), the claimants' flight to LON started 2 hrs late and they missed their conncetion flight to STR. They were rebooked to an alternative flight and reached their final destination with a delay of about 9 hrs. Their claim for compensation under Regulation (EC) No. 261/2004 remained unsuccessful at all court levels.

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Austrian Supreme Court: tour organiser can be liable for hotel accomodation provided by air carrier

The return flight of the plaintiff''s holiday package was cancelled and the air carrier rebooked the plaintiff for the following day. Complying with its respective obligation under Reg. (EC) 261/2004, the air carrier provided the plaintiff with hotel accomodation for the additional night. The plaintiff - a person of reduced mobility  - took a walk in the area close to the hotel where she tripped, fell down and was injured. She sued the tour organiser for compensation for pain and suffering.

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IFTTA Law Review 2-2018

The latest edition of the IFTTA Law review is now available in the members area of the website. It contains an editorial by Timothy Law, an article on price indications on online bookings by Klaus Tonner, a report about the IFTTA North America Conference by Douglas Crozier and a recent CJEU judgement on air passenger rigths. Enjoy reading!

Michael Wukoschitz's picture

German Supreme Court decides on airline tariff: a non-refundable ticket remains non-refundable

The plaintiffs had booked tickets for a Lufthansa flight from Hamburg via Frankfurt to Miami and back from Los Angeles via Frankfurt to Hamburg. The ticket price was EUR 2.766,32 and according to the tariff, the ticket was non-refundable (except applicable taxes only). Because of a disease, the plaintiffs cancelled their tickets and claimed back the ticket price. Lufthansa only refunded taxes of EUR 133,56 each. The plaintiffs filed a law suit for the difference which was dismissed by the first instance court (AG Köln) and their appeal was dismissed as well.

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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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Brazilian courts to apply Montreal Convention, finally?

According to an article published on "Lexology", on May 25, 2017  the Brazilian Supreme Federal Tribunal has passed a judgement which acknowledges the application of the Montreal Convention in international air transport cases. Although Brazil is party to the Warsaw and the Montreal Convention which both provide for their exclusivity, Brazilian courts have been rather reluctant in applying these conventions and tended to give precedence to national law, in particular the Brazilian Consumer Defence Code.

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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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CJEU: bird strikes qualify as "extraordinary circumstances"

In a highly anticipated judgement, the CJEU held  today that a collision between an aircraft and a bird, as well as any damage caused by that collision, are not intrinsically linked to the operating system of the aircraft, with the result that such a collision is not by  its nature or origin inherent in the  normal exercise of the activity  of the air carrier concerned and  is outside its actual control.  Accordingly,  a collision between an  aircraft and a bird is an extraordinary circumstance within the meaning of the regulation.

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