Germany

Michael Wukoschitz's picture

German Supreme Court: domiciliary right allows hotel to ban extremist politician from its premises

In the case of the former chairman of the extreme right wing German NPD ("Democratic Party of Germany"), Udo Voigt, whose wife had booked a private vacation at a wellness resort in Brandenburg but they were denied access by the hotel director on the reason that Voigt's extreme politcal views were detrimental to the image of the hotel and the other guests' desire for comfort and relaxation (see IFTTA news of 23 November, 2010), the German Supreme Court (BGH) has for the most part uph

Michael Wukoschitz's picture

ECJ Advocate General: air ticket pricing rules regarding ‘optional price supplements’ also apply to a cancellation insurance

Article 23(1) of Regulation No 1008/2008 on common rules for the operation of air services in the Community provides that with rergard to air fares or air rates, optional price supplements shall be communicated in a clear, transparent and unambiguous way at the start of any booking process and their acceptance by the customer shall be on an “opt-in

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

European Court of Justice: insolvency protection also applies in case of a package organiser’s fraudulent conduct

The Landgericht Hamburg (Regional Court, Hamburg, Germany) had asked the ECJ whether the protection of consumers pursuant to article 7 of the Package Travel Directive (PTD) also applied where the insolvency was attributable to fraudulent conduct on the part of the travel organiser. The Landgericht Hamburg must rule on the action brought by Mr Blödel-Pawlik against HanseMerkur Reiseversicherung AG, a German insurance company, concerning its refusal to refund the cost of package travel which did not take place because of the insolvency of the travel organiser, Rhein Reisen GmbH.

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

Germany: appellate court upholds denial of injunction against hotel review website

The plaintiff is operating a hotel in Berlin. The defendant is running a website provding for online booking of accomodation and travel packages. The website also has a section where users can post unattributed comments and reviews on hotels. These reviews included some negative comments on the plaintiff's hotel.

Michael Wukoschitz's picture

Germany: railway company liable for black ice accident on platform

About to take a train from Solingen to Dresden, the plaintiff who had already bought her ticket for the train ride slipped on the platform because of black ice and got injured. After a claim against the company which owns the station premises was dismissed because that company had assigned its duties to clear the platforms from snow and ice to a third company, the plaintiff filed a new law suit against the railway company.

Uta Stenzel's picture

IFTTA Europe Workshop Website Online!!!

Dear Friends and Colleagues,

Having participated at many IFTTA Conferences and Workshops in the last years, and having enjoyed the hospitality of our colleagues and friends, we have now the honour to organize the 5th European IFTTA Workshop on Travel and Tourism Law.

The workshop takes place from 

April 17 - 20, 2012 in Rostock, Germany


The main topics are:

Michael Wukoschitz's picture

German Supreme Court clarifies scope of PTD insolvency protection

In judgement of Nov. 2, 2011 the German Supreme Court (BGH) held that insolvency protection pursuant to Art. 7 PTD also covers the repayment of the travel price if the organiser had cancelled the package trip before going bust. Neither Art. 7 PTD nor German law would require a causal connection between the insolvency of the organiser and the cancellation of the trip. Due to clear wording of Art. 7 PTD in this regard, the BGH saw no reason to file a reference for preliminary ruling to the ECJ.

Michael Wukoschitz's picture

Germany: yet another reference for preliminary ruling challenging "Sturgeon"

In a reference for a preliminary ruling from the Landgericht Köln lodged on 5 August 2011 the ECJ is asked the following question:

Pages

X