Compensation

Michael Wukoschitz's picture

New German reference for ECJ preliminary ruling regarding Air Passenger Rights Regulation

In another motion for preliminary ruling regarding Regulation 261/2004 (EC) on Air Passenger Rights, a German court seeks further clarification of the right of a passenger to receive compensation in case of a long delay.

The plaintiff was booked on a flight from Palma de Mallorca to Munich on Oct. 10, 2011. The flight was delayed more than 25 hrs. The plaintiff, however, did not take the delayed flight but was rebooked to an earlier alternative flight which resulted into a delyed arrival of 5 hrs less.

Michael Wukoschitz's picture

USA: DOT fines Alitalia for deceptive practices

Following a complaint from two Alitalia passengers whose flights were canceled, the Department’s Aviation Enforcement Office investigated the carrier’s refusal to pay cash compensation to the passengers. The U.S. Department of Transportation (DOT) now fined  Alitalia USD 125,000 for providing inaccurate information on its website regarding its policy on compensation to passengers on delayed and cancelled flights. 

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

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

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.

Michael Wukoschitz's picture

German Supreme Court: no compensation from non-EU carrier for delay of connecting fligth departing from non-EU airport

In the two cases decided by the German Supreme Court (BGH) recently, the plaintiffs each had booked long haul flights with non Commnunity carriers. In both cases the transportation consisted of two segments, a feeder flight departing from the EU to a non EU hub and a connecting flight departing from this hub outside the EU to the final destination. In both cases the connecting flights were delayed more than 8 hrs and the plaintiffs sued for compensation pursuant to Reg. (EC) 261/2004.

Michael Wukoschitz's picture

ECJ reconfirms "Sturgeon" decision

In today's judgement in joined cases C-581/10 - Nelson and C-629/10 TUI Travel Plc, the ECJ has reconfirmed its much disputed Sturgeon decision extending the claim for fixed compensation (which Reg.

Michael Wukoschitz's picture

Netherlands: new reference for ECJ preliminary ruling regarding air passenger rights

The Dutch Rechtbank Amsterdam has referred the following questions to the Court of Justice of the European Union:

Michael Wukoschitz's picture

German Supreme Court: no compensation for flight cancellation caused by strike

In two cases the passengers' LH flights from Miami to Germany were cancelled because of a strike of the pilots which followed a call for strike by a pilots' association. In first instance, the courts granted compensation pursuant to Reg. 261/2004. In second instance, the Landgericht Köln dismissed LH's appeal reasoning the a strike of the carrier's own staff could not constitute extraordinary circumstances. In the second case, however, the Landgericht Frankfurt/Main followed LH's appeal and reversed the judgement.

Michael Wukoschitz's picture

ECJ Advocate General proposes the Court to confirm its "Sturgeon"-Judgement

On May 15, 2012, ECJ Advocate General Bot has delivered his opinion in two pending cases where the national courts sought a review of the "Sturgeon"-Judgement. In this judgement, the Court of Justice had ruled that passengers whose flights are delayed may be treated, so far as the right to compensation is concerned, in the same way as passengers whose flights are cancelled.

Pages

X