Denied Boarding

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Germany: lugagge to be carried on a later flight is no legitimate reason to deny boarding

Submitted by Michael Wukoschitz on 31 August, 2012 - 13:18

The plaintiff and his companions had booked a holiday package to Curacao. The flight MUC-AMS-CUR was to be operated by the defendant. The passengers' luggage was checked through from MUC to CUR. The flight MUC-AMS arrived in AMS with a delay of 20 mins. Nevertheless, the passengers were able to reach the gate for the connecting flight on time. However, they were denied boarding because it was not possible to transship their luggage in due time and same was to be carried on a later flight only.

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ECJ Advocate General Bot: compensation for denied boarding not limited to overbooking

Submitted by Michael Wukoschitz on 20 April, 2012 - 05:28

According to Advocate General Bot, an air carrier must compensate passengers if they have been denied boarding on account of the rescheduling of their flight following a strike at the airport which took place two days beforehand and affected a previous flight. Only denied boarding justified on grounds relating to the personal situation of those passengers may exempt the air carrier from that obligation.

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German court files reference for ECJ preliminary ruling regarding denied boarding

Submitted by Michael Wukoschitz on 28 March, 2012 - 12:45

The plaintiff booked a flight connection from Frankfurt (FRA) via Sao Paulo (CGH) to Santiago de Chile (SCL) for 3.3.2010. The defendant should have operated the flight FRA-CGH whereas the flight CGH-SCL was scheduled to be operated by a different carrier. On 27.2.2010 an earthquake caused severe damages at the SCL airport.

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European Economic and Social Committee publishes opinion on the ‘functioning and application of air passenger rights'

Submitted by Michael Wukoschitz on 29 January, 2012 - 19:44

The European Economic and Social Committee (EESC) considers that there is a need to undertake a legislative reform of Regulation No 261/2004 in order to consolidate all air passenger rights into a single text.

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European Union: Commission starts public consultation on the possible revision of the air passenger rights Regulation

Submitted by Michael Wukoschitz on 19 December, 2011 - 19:02

The consultation on the possible revision of Regulation (EC) No 261/2004 aims to gather stakeholders' views on the identification of possible shortcomings of the Regulation and their extent, and on the options to improve its application, either via non-legislative measures or via a revision of the Regulation. The consultation period is 19/12/2011 to 11/03/2012.

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Spain: another reference for preliminary ruling concerning Reg. 261/2004

Submitted by Michael Wukoschitz on 9 September, 2011 - 14:48

On 28 June 2011, Juzgado de lo Mercantil de A Coruña (Spain) lodged a reference for preliminary ruling of the ECJ with regard to the following question:

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

Submitted by Michael Wukoschitz on 12 January, 2011 - 13:03

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.

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

Submitted by Michael Wukoschitz on 21 December, 2010 - 09:49

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.

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Germany: reference for preliminary ruling of the ECJ with regard to Reg. 261/2004

Submitted by Michael Wukoschitz on 7 September, 2010 - 17:50
A German court (Amtsgericht Köln) has recently filed a reference for preliminary ruling with regard to the follwoing question:

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