Denied Boarding

Michael Wukoschitz's picture

Germany: two new Supreme Court decisions on air passenger rights

On March 17, 2015 the German Supreme Court (BGH) has passed two judgements with regard to Regulation (EC) 216/2004.

Michael Wukoschitz's picture

Canada: denied boarding claim dismissed by Ontario Superior Court of Justice

The plaintiff booked a seven-day trip to Jamaica with WestJet. On September 18, 2011he was given a boarding pass for the outward flight when he presented his Canadian citizenship card at the airport. After a week in Jamica, he presented himself for boarding for the return flight but was denied baording because  he did not have a passport but only presented his Canadian driver's licence, health card and social insurance card. The plaintiff  protested, arguing that the citizenship card had been sufficient for him to travel to Jamaica.

Michael Wukoschitz's picture

European Parliament publishes report on air passenger rights revision

On Jan. 22, 2014, the Committee on Transport and Tourism of the European Parliament published a report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004.

Michael Wukoschitz's picture

Canada: CTA orders Air Canada and Porter Airlines to revise domestic tariff provisions

In two separate decisions of Aug. 29, 2013, the Canadian Transportation Agency (CTA) ordered Air Canada and Porter Airlines to revise certain domestic tariff provisions. A tariff is the contract between the carrier and the passenger which contains an air carrier’s terms and conditions of carriage. Tariff provisions are enforceable by the CTA.

Michael Wukoschitz's picture

Committee on Transport and Tourism of the European Parliament publishes Draft Report on the Commission's proposal for a new Air Passenger Rights Regulation

On August 26, 2013, the Committee on Transport and Tourism of the European Parliament has published a Draft Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air.

Michael Wukoschitz's picture

USA: DOT fines Delta for violating Denied Boarding Rules

The U.S. Department of Transportation (DOT) assessed a civil penalty against Delta Air Lines for violating federal rules protecting passengers who are denied boarding against their will, or “bumped,” on oversold flights.  DOT fined Delta USD 750,000 and ordered the airline to cease and desist from further violations.

Stephan Keiler's picture

European Commission: Air Passenger Rights Revision

The European Commission surprisingly presented today new measures to strengthen air passenger rights including a revisionof the Air Passenger's Rights Regulation 261/2004/EC takeing into account the sharing od the economic burden.

Michael Wukoschitz's picture

German Supreme Court: no air transport contract for passenger "Still Unknown"

The plaintiff booked two flight tickets through an internet booking form on the airline's website. There was a note in the booking form saying "no name change permitted after booking. name has to comply with passenger's ID card". For the first ticket the plaintiff filled in his own name whereas for the second ticket he entered "still unknown" instead of first name and family name of the second passenger.

Michael Wukoschitz's picture

European Court of Justice decides in two denied boarding cases

On Oct. 4, 2012, the ECJ has published two judgements in denied boarding cases. In both judgements, the ECJ held that the concept of ‘denied boarding’ pursuant to Reg. (EC) 261/2004 relates not only to cases of overbooking but also to those concerning other grounds, such as operational reasons.

Michael Wukoschitz's picture

Germany: one more reference for ECJ preliminary ruling on Reg. (EC) 261/2004

On June 29, 2012, the German Landgericht Frankfurt am Main has lodged a new refrence for preliminary ruling to the ECJ on the following question:

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