EU regulation

Michael Wukoschitz's picture

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

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.

Michael Wukoschitz's picture

Denmark: passengers of a cancelled flight entitled to rerouting at the earliest opportunity

The passengers had 4 return tickets for CPH - Accra/Ghana via AMS with KLM. The tickets were bought through a local travel agent. Original departure 19/12. On the 18/12 the flight was cancelled due to weather conditions in AMS.

Michael Wukoschitz's picture

German Supreme Court: no compensation for flight cancellation caused by strike

In two cases the passengers' LH flights from Miami to Germany were cancelled because of a strike of the pilots which followed a call for strike by a pilots' association. In first instance, the courts granted compensation pursuant to Reg. 261/2004. In second instance, the Landgericht Köln dismissed LH's appeal reasoning the a strike of the carrier's own staff could not constitute extraordinary circumstances. In the second case, however, the Landgericht Frankfurt/Main followed LH's appeal and reversed the judgement.

Michael Wukoschitz's picture

IFTTA Law Review 2-2012 available online

The newest edition of the IFTTA Law Review is availbale within the members' section of this website. It focusses on air passenger rights, namley the EU Regulation 261/2004 and the Montreal Convention. Print copies are available as supplement to the Journal "Reiserecht aktuell" published by Sellier European Law Publishers, Germany.

Michael Wukoschitz's picture

Swedish Court asks ECJ for peliminary ruling regarding Montreal Convention and Reg. 261/2004

On March 29, 2012, the Swedish Högsta domstolen has referred the following questions to the ECJ for preliminary ruling:

Michael Wukoschitz's picture

ECJ Advocate General proposes the Court to confirm its "Sturgeon"-Judgement

On May 15, 2012, ECJ Advocate General Bot has delivered his opinion in two pending cases where the national courts sought a review of the "Sturgeon"-Judgement. In this judgement, the Court of Justice had ruled that passengers whose flights are delayed may be treated, so far as the right to compensation is concerned, in the same way as passengers whose flights are cancelled.

Michael Wukoschitz's picture

Germany: Supreme Court to hear cases on airline personnel strikes as "extraordinary circumstances"

On June 5, 2012, the German Civil Supreme Court (BGH) will hear two cases involving flight cancellations due to airline personnel strikes. In one case the appelate court (LG Köln) had held that the operating carrier may not refer to a strike of its own personnel as an "extraordinary circumstance", in the other case the second instance court (LG Frankfurt/Main) had decided to the contrary.

Michael Wukoschitz's picture

ECJ to hear cases challenging its "Sturgeon" judgement

The Court of the European Union has scheduled a hearing for March 20, 2012 at 09:30 in the joined cases Nelson v. Deutsche Lufthansa (C-581/10; referring court: Amtsgericht Köln, Germany) and TUI et al v.

Michael Wukoschitz's picture

Germany: new reference for ECJ preliminary ruling regarding Reg. 261/2004

On Nov. 25, 2011, the German Amtsgericht Düsseldorf has filed a motion for preliminary ruling to the ECJ regarding the follwoing issue:

Michael Wukoschitz's picture

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

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.

Pages

X