Compensation

Michael Wukoschitz's picture

Belgium: with regard to the limitation period for claims under Reg. 261/2004, national law applies

After he was denied boarding on a flight from Zaventem/Belgium to Cairo on Sep 25, 2008, Adly Messiha sued TUI Airlines Belgium. The law suit was served on Jan 29, 2010, 16 months after the incident.

The claimant argued that the two years limitation period of the Montreal Convention applied while the defendant argued that the limitation period was determined by Belgian Law which provides for a one-year limitation period.

Michael Wukoschitz's picture

Canada: Warsaw Convention applied on non-complinace with wheelchair request

Plaintiff purchased a return ticket with Lufthansa in India for a flight from New Delhi to Toronto via Frankfurt. She stated that during the flight before arrival in Toronto, she had requested that Lufthansa should provide a wheelchair on arrival. The carrier was alleged to have not complied with this request and, as a result, plaintiff had to walk from the aircraft to the terminal.

Ronaldo Armond's picture

Brazil: Gol Airlines must compensate the victim's sister to crash for R$ 120,000

In a unanimous decision, the Fourth Chamber of the Superior Court of Justice (STJ) has confirmed the payment of compensation for moral damages, the sister of one of the victims of air crash involving an airline Gol Linhas Aereas Inteligentes SA and Legacy. The ministers of the Class, following the understanding of the rapporteur, Luis Felipe Minister Solomon kept the conviction Gol payment, reducing the stated value of R$ 190,000 to R$ 120,000.

Michael Wukoschitz's picture

USA: reasonable standard of care applies on pilot decisions to disembark passengers under Tokyo Convention

On September 29, 2003, a group of Egyptian businessmen, their wives and a Brazilian fiancée, boarded Alaska Airlines Flight 694 in Vancouver, British Columbia.The nine plaintiffs took up all but three of the first class seats. According to an American passenger who sat next ot one of the plaintiffs, the flight attendants treated the Egyptians badly. She saw no sign that any person in the first class section was drunk, nor did she  observe any misconduct of any kind on the part of the passengers.

Michael Wukoschitz's picture

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

Plaintiiff had booked a journey from Bremen/Germany to Asunción/Paraguay via Paris and São Paulo. Departure from Bremen to Paris was delayed about 2:30 hrs. Plaintiff therefore missed the connecting flight to São Paulo, was re-routed and reached Asunción only 11 hrs after the originally scheduled arrival time. She sued for compensation of EUR 600 under Reg. 261/2004 and AG Bremen as first instance court granted the claim. The appelate court (OLG Bremen) upheld the decision.

Michael Wukoschitz's picture

UK: Details of the High Court's reference for preliminary ruling, questioning the ECJ Sturgeon/Böck judgement

TUI Travel Plc, British Airways, Easyjet and IATA (Claimants) requested the British Civil Aviation Authority (Defendant) to confirm that it would not interpret the Regulation 261/2004/EC as imposing an obligation on air carriers to pay compensation in the event of delay. The Defendant has refused to provide this assurance, stating that it is bound to give effect to the ruling in Sturgeon.

To sum up, claimants argue as follows:

Michael Wukoschitz's picture

Latvia: new reference for ECJ preliminary ruling with regard to Reg. 261/2004

An Air Baltic flight from Copenhagen to Riga was delayed due to a breakdown of the radar and air navigation system and a partial closure of the air space above Malmö. After more than two hours though the air space was open again, the airline decided to cancel the flight because otherwise the admissible working hours of the crew would have been exceeded.

The Latvian court (Augstākās tiesas Senāts) referred the following questions to the European Court of Justice:

Michael Wukoschitz's picture

German Supreme Court: tour organizer can be liable for delayed train to airport in "Rail & Fly" packages

Plaintiff had booked a package with "Meier's Weltreisen". The package included air transport from Düsseldorf to the Dominican Republic and vice versa, hotel accomodation and all inclusive board. With regard to getting to the airport, plaintiff chose to book a rail ticket offered by Meier's Weltreisen in connection with the package, promoted "to avoid stress and traffic jams". Meier's Weltreisen recommended to choose a train connection which arrives at the airport at least 2 hrs before scheduled departure. Plaintiff's flight was scheduled for departure at 11:15.

Michael Wukoschitz's picture

Germany: cancellation of a feeder flight entitles to compensation according to the distance to the last destination

KLM sued a passenger for the price of a return ticket from Berlin via Amsterdam to Curacao. The passenger argued that due to cancellation of the feeder flight from BER to AMS, as a consequence of which he and his wife had missed the long haul flight and had to fly one day later, he was entitled to a compensation of EUR 600 per person which he would set off against KLM's claim.

Michael Wukoschitz's picture

UK: High Court seeks ECJ clarification of passenger rights

The UK High Court suspended U.K. courts from hearing any more compensation cases for delays against airlines. It has ordered the suspension while it asks the European Court of Justice to review the November 2009 ruling (joint cases C-402/07 - Sturgeon v. Condor and C-432/07 Böck, Lepuschitz v. Air France) extending the claim for compensation as provided in Reg. 261/2004/EC to passengers facing (long) delays. The controversial ECJ judgement strengthened the entitlements of passengers but has outraged airlines.

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