Compensation

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USA: deplaned passenger's complaint fails to state a viable cause of action under the Montreal Convention

The plaintiff and her daughter boarded the aircraft for a Continental flight from Newark to Cancun, Mexico. After a dsipute with the flight attendants over her seating and and while waiting in the forward galley, the plaintiff began talking on her cell phone.  When a flight attendant told her to end the call, she replied that “the pilot didn’t announce not to be on your phone and I’m talking to my Mom” and continued her conversation. The flight attendant then told the plaintiff to stop talking on her phone or else exit the plane.

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Austrian Supreme Court: no liability of the tour operator for rare injury caused by narrow seating in a coach

The plaintiff who had booked a coach tour package with the defendant tour operator sued for EUR 8.000 compensation for pain and suffering. He claimed that because of the narrow seating in the coach used by the defendant, as of the fourth day of the trip he had suffered pain from a lesion of the nerves in his left leg.

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USA: man who helped to stop "underwear bomber" sues for USD 10 million

In a lawsuit filed in the U.S. District Court for the Southern District of New York on Dec. 21, Theophilus Maranga says he "risked his life" by jumping on the would-be bomber Umar Farouk Abdulmutallab, a Nigerian man who attempted to blow up a Detroit-bound flight from Amsterdam with a bomb stashed in his underwear. The lawsuit says Maranga lost a tooth and suffered injuries to his ribs, permanent numbness in his hands and a pain in his neck that hampers his movements.

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USA: DOT fines Caribbean Airlines for improperly limiting reimbursements for delayed baggage

The U.S. Department of Transportation (DOT) fined Caribbean Airlines, a carrier based in Trinidad and Tobago, USD 60,000 for limiting reimbursements for lost, damaged and delayed baggage to less than consumers were entitled under the Montreal Convention.

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Germany: yet another reference for preliminary ruling challenging "Sturgeon"

In a reference for a preliminary ruling from the Landgericht Köln lodged on 5 August 2011 the ECJ is asked the following question:

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Austrian Supreme Court: hotel liable for theft from safe in hotel room

The plaintiffs (a German couple) sued a Vienna 4 star hotel company for compensation of more than EUR 160.000 of valuables stolen from the safe in their hotel room. When they had asked at the reception where to keep their valuables, the receptionist had told them to use the safe in their room. This safe had to be locked and unlocked by a code of four numbers chosen by the plaintiffs. However, the safe could also be opened by using a 'mastercode'.

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Portuguese court next to seek clarification of the "Sturgeon" judgement

On 8 July 2011, the Tribunal de Pequena Instância Cível de Lisboa (Portugal) lodged a reference for prelimiary ruling of the ECJ  questioning the "Sturgeon" judgement of the Court as follows:

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The Netherlands contribute another reference for preliminary ruling challenging the "Sturgeon judgement"

The Dutch Rechtbank Breda on June 27, 2011 lodged a reference for preliminary ruling of the ECJ with regard to the following questions:

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Austria: hotel operator not liable for injury of a guest who tried to repair a jamming glass door

The plaintiff who was a former share holder of a hotel company (the defendant) and also the former companion of the defendant's director stayed in the defendant's hotel as a guest, when the director asked him to do her the favour to look for a jamming glass door in the indoor pool area because she couldn't reach any craftsman. When he tried to remove the defective glass door, he got severely injured on his right hand. He sued the hotel company for compensation for pain and suffering. The court of first instance granted the claim.

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