Germany

Michael Wukoschitz's picture

Germany: law suit over hotel stars for cruise ship

The German Hotel and Restuarant Assocoation (DEHOGA) had classified the cruise ship "MS Deutschland" as "5 star superior" under its hotel classification system. The competing shipping company Hapag Llloyd sued for revocation of this classification. Landgericht Berlin dismissed the claim in first instance judgement but, however, held that DEHOGA will have to ammend its classification criteria if applying same to cruise ships. The judgement is not final yet.

Michael Wukoschitz's picture

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

A German court (Amtsgericht Köln) has recently filed a reference for preliminary ruling with regard to the follwoing question:
Uta Stenzel's picture

Thomas Cook agreed to buy Öger Tours

Thomas Cook Group PLC - Europe's second-largest travel company - agreed to buy the German tour operator Öger Tours GmbH, a specialist in package holidays and tours to Turkey
Michael Wukoschitz's picture

Germany: ban of external guided tours at "documenta" exhibition justified

"Documenta" is one of the most important exhibitions of modern and contemporary art which takes place in Kassel, Germany every five years. In a judgement of May 4, 2010, OLG Frankfurt (Case 11 U 70/09) decided that the managing company of the event is allowed to ban external suppliers, in particular tour operators, from offering guided tours at the exhibition: the company had a legitimate interest to cover the costs of the exhibition by providing its own guided tours which constituted a justified reason to exclude external organisers.
Michael Wukoschitz's picture

Authorisation to shoot down aircrafts void

German Federal Contitutional Court held that § 14.3 of the German Aviation Security Act (Luftsicherheitsgesetz – LuftSiG), which authorised armed forces to shoot down aircrafts intended to be used as weapons against human lives, was incompatible with the Basic Law and hence void. This was decided by the First Senate of the Court in its judgment 1 BvR 357/05 of 15 February 2006. The Federal Constitutional Court held that the Federation lacks legislative competence to issue such regulation in the first place.

Michael Wukoschitz's picture

Order against human rights campaigner to stay away from Frankfurt Airport confirmed

German Supreme Court (BGH) confirmed an order by Frankfurt Airport against a human rights campaigner to stay away from the airport premises. The campaigner had handed out flyers to passengers containing a protest against deportation of a foreigner and asking passengers to refuse to turn off their cell phones in order to impede take off. BGH held that the airport was entitled to prevent the campaigner from entering its premises as she caused disruption of the airport operation.

Michael Wukoschitz's picture

Seaquake alert via text message

A German company has developed a system to forewarn tourists against seaquakes via text message to their cell phones. The system is based on data provided by international seismological institutes.

Michael Wukoschitz's picture

Ticket lost - still entitled to carriage?

"No compensation will be granted if tickets were stolen or lost ." Such provision used in the general condiditons of contract of a German coach tour company was held ineffective by Germany's Supreme Court: the provision was inappropriate as it would frustrate purpose of contract when ticket got lost, even though a register of passengers allowed bus driver to verify passgenger's right to carriage.(Press release 17/2005 by BGH/German Supreme Court)

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