EU regulation

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Germany: Supreme Court reconfirms compensation for missed connecting flight

In a recent judgment, the German Supreme Court (BGH) reconfirmed that passengers who miss their connecting flight due to a delay of the feeder are entitled to claim for compensation if they reach their final destination 3 hrs or more after their scheduled arrival. The plaintiffs had booked a flight from Miami to Düsseldorf via Madrid. As the departure in Miami was delayed for 01:20 hrs they arrived in Madrid too late to catch their connecting flight to Düsseldorf. They were rebooked to another flight and reached Düsseldorf with a delay of 07:30 hrs.

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German court requests ECJ preliminary ruling with regard to passport data

The German Verwaltungsgerichtshof Baden-Württemberg has filed a reference for preliminary ruling to the ECJ regarding interpretation of Regulation (EC) No 2252/2004 on standards for security features and biometrics in passports and travel documents issued by Member States. The reference includes the following questions:

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German Supreme Court asks ECJ for interpretation of article 12 of Reg. 261/2004

In a recent reference for ECJ preliminary ruling, the German Supreme Court (BGH) has asked for an interpreation of article 12 of the Air Passenger Rights Regulation 261/2004. This article provides that the Regulation shall apply without prejudice to a passenger's rights to further compensation but that the compensation granted under this Regulation may be deducted from such further compensation.

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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. 

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EU: MEPs welcome Commission proposal on air passenger rights

In their first discussion of the proposal on Tuesday, transport committee MEPs welcomed the proposal to update air passengers' rights tabled by the Commission on 13 March but insisted that it include rules on hand luggage and solutions for passengers stranded if an airline goes bankrupt. Commission Vice-President Siim Kallas paid tribute to Parliament's preparatory work in 2012. The transport committee will appoint rapporteurs for the two regulations in the coming weeks.

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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.

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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.

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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.

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CJEU: no distance contract required for consumer forum pursuant to Brussels I Regulation

Upon reference of the Austrian Supreme Court (OGH), the CJEU has held in its judgement of Sep. 6, 2012 in Case C-190/11 (Mühlleitner) that the consumer’s possibility of bringing proceedings before the courts of his Member State against a trader domiciled in another Member State is not subject to the condition that the contract was concluded at a distance.

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German Court challenges EU Regulation on security standards for passports and travel documents

In the case concerned, the claimant had filed for a new passport but refused to provide his finger prints. The city of Bochum has therefore denied the issuance of the passport and the claimant filed a law suit against the city of Bochum before the Administrative Court Gelsenkirchen.

The court has doubts whether

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