European Union

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CJEU: Including fingerprints in passports is lawful

Mr Schwarz applied to the Stadt Bochum (city of Bochum, Germany) for a passport, but refused at that time to have his fingerprints taken. After the city rejected his application, Mr Schwarz brought an action before the Verwaltungsgericht Gelsenkirchen (Administrative Court, Gelsenkirchen, Germany) in which he requested that the city be ordered to issue him with a passport without taking his fingerprints. Regulation No 2252/2004 provides that passports are to include a highly secure storage medium which must contain, besides a facial image, two fingerprints.

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ECJ: the special VAT scheme for travel agents is not limited to sales of travel services to travellers

The European Commission brought a series of infringement proceedings against eight Member States for failure to comply with their obligations under the directive 2006/112/EC on the common system of value added tax. The actions relate to the special scheme for travel agents.

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ECJ: Delayed rail passsengers are entitled to a partial price refund - even in cases of force majeure

The Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations provides that the liability of railway undertakings in the case of delay is governed by the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail, subject to the applicable provisions of the regulation.

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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.

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German Supreme Court: air passengers entitled to compensation for missed connecting flight

The passengers were booked on an Iberia flight from Berlin via Madrid to San José (Costa Rica). The flight from BER to MAD was about 90 minutes delayed and the passengers therefore missed their connecting flight to SJO. They were rebooked to a flight one day later. Upon return they claimed for compensation pursuant to Reg. 261/2004.

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CJEU: "Sturgeon" judgement did not infringe the principle of separation of powers

In its so called "Sturgeon" judgement (joined cases C-402/07 and C-432/07) the CJEU had extended the air carriers' obligation to pay compensation to passengers who reached their final destination only 3 hrs or more after the scheduled arrival time even if their flight wasn't cancelled but only delayed. Upon reference for preliminary ruling filed by a German Regional Court (LG Köln), the Court has now decided that there is no contradiction between the "Sturgeon" judgement and the principle of separation of powers.

Michael Wukoschitz's picture

New German reference for ECJ preliminary ruling regarding Air Passenger Rights Regulation

In another motion for preliminary ruling regarding Regulation 261/2004 (EC) on Air Passenger Rights, a German court seeks further clarification of the right of a passenger to receive compensation in case of a long delay.

The plaintiff was booked on a flight from Palma de Mallorca to Munich on Oct. 10, 2011. The flight was delayed more than 25 hrs. The plaintiff, however, did not take the delayed flight but was rebooked to an earlier alternative flight which resulted into a delyed arrival of 5 hrs less.

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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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