Italy

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CJEU clarifies jurisdiction for claims based on Air Passenger Rights Regulation and Montreal Convention

Following a delay of flights operated by easyJet the applicants in the main proceedings, who are domiciled in Rome (Italy), brought an action before the Tribunale ordinario di Roma (Rome District Court, Italy) seeking an order that easyJet pay the compensation referred to in Articles 5, 7 and 9 of Regulation No 261/2004 and compensate for further material damage and non-material damage resulting from easyJet Airline’s failure to fulfil its contractual obligations.

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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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Italy: OTAs succeed against Ryanair over website access

With decision No. 7825/2013 of June 4, 2013, the Court of Milan has held that Ryanair’s refusal to grant access to its database and booking procedures to an online travel agency was an abuse of its dominant market position. Ryanair's General Conditions for the use of its website interdicted any access for commercial purposes an thus excluded OTAs from intermediation business. The court ruled that Ryanair has to allow OTAs access to its database and booking procedures.

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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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Florida: Costa Concordia lawsuit dismissed

A lawsuit against Carnival Corp. stemming from the Costa Concordia accident was dismissed Sept. 28 in Florida. The judge stated it should be refiled in Italy. About 1,000 businesses on the island of Giglio, where the Costa ship capsized, moved to sue Carnival in Miami, where it is headquartered, instead of Italy, where Costa is based.

Source: Travel Pulse; find article here>>.

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European Court of Justice: A hotel operator which broadcasts phonograms in its rooms must pay equitable remuneration to producer

EU law requires the Member States to provide, in their legislation, a right to a single equitable remuneration for producers of phonograms published for commercial purposes, to be paid by the user of such phonograms for broadcasting or for any communication to the public. However, such equitable remuneration need not be paid in the case of ‘private use’.

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UNESCO: cruise ships should steer clear of Venice lagoon

UNESCO has called on the Italian government to restrict access of large cruise ships to culturally and ecologically important areas, particularly Venice and its Lagoon which are visited by some 300 large cruise ships a year.

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USA: Costa Concordia victims sue for USD 460 milion in Florida

Attorneys for six passengers of the Costa Concordia reportedly filed a law suit in Miami’s federal court  requesting USD 450 million in punitive damages and USD 10 million in compensatory damages. The complaint says plaintiffs were “in terror of catastrophic injury, death, drowning, having been placed in a situation where common sense said the vessel was sinking but the orders from the crew were to return to their cabins.”

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USA: New York law firms file class action against Costa

As reported by "Travel Weekly", New York-based personal-injury law firm Proner and Proner said it joined forces with Codacons, the Italian consumer-protection organization, in filing a class action against Costa Cruises. A second New York law firm, Napoli Bern Ripka Shkolnik, also will represent passengers in the class action.

Proner said that the suit will seek at least USD 160,000 for each passenger who was aboard the ship at the time of the Jan. 13 disaster near the Italian island of Giglio.

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