Regulation

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German Supreme Court: no compensation from non-EU carrier for delay of connecting fligth departing from non-EU airport

In the two cases decided by the German Supreme Court (BGH) recently, the plaintiffs each had booked long haul flights with non Commnunity carriers. In both cases the transportation consisted of two segments, a feeder flight departing from the EU to a non EU hub and a connecting flight departing from this hub outside the EU to the final destination. In both cases the connecting flights were delayed more than 8 hrs and the plaintiffs sued for compensation pursuant to Reg. (EC) 261/2004.

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USA: Federal Aviation Administration to reexamine passenger use of portable electronic devices on board aircraft

On August 28, 2012, the Federal Aviation Administration (FAA) released a request for comments on current policy, guidance, and procedures that aircraft operators (ranging from pilots of general aviation aircraft up to and including air carrier certificate holders at the major airlines) use when determining if passenger use of portable electronic devices (PEDs) may be allowed during any phase of flight on their aircraft.

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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.

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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.

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Austria: regulation on proper rail passenger behaviour

A new regulation by the Federal Ministry for Transport, Innovation and Technology provides detailed rules on the behaviour of railway passengers and other users of railway premises. It inter alia interdicts to carry along dangerous animals or items (like weapons), to throw things from the train and to enter restricted areas.

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Austria: new legislation related to travel and tourism

The Austrian legislator has recently passed the follwoing acts related to travel and tourism:

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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.

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USA: airlines ask DOT for another delay in new rules

The airline industry is again asking the U.S. Transportation Department (DOT) or more time — now a full year — to comply with portions of the DOT’s new rules on the disclosure and implementation of baggage fees on multi-carrier routings. When the DOT adopted the rules in April, it set an August effective date, then changed that to January when carriers claimed they needed more time to reprogram their systems. Now the airlines are saying the five-month delay was not nearly enough.

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USA: Airlines sue DOT over consumer protection rules

Airlines are increasing their opposition to the consumer protection rules the Department of Transportation announced in April, with two carriers (Spirit Airlines and Allegiant Air) filing separate suits in a U.S. Appeals Court in Washington, D.C.

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EU: New rules to establish a more competitive rail market

EU transport ministers reached an agreemnet today on new rules setting out how competition on the rail market must work in practice by:

  • ensuring fair access to rail infrastructure and rail-related services;
  • strengthening the power of national regulators; and
  • improving the framework for investment in rail.

The proposed directive aims to

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