Europe

Michael Wukoschitz's picture

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.

Michael Wukoschitz's picture

UK Supreme Court asks CJEU for clarification of package organiser liability for suppliers

In 2010 Mrs X and her husband entered into a contract with the tour operator Kuoni under which Kuoni agreed to provide a package holiday in Sri Lanka. In the early hours of 17 July 2010, Mrs X was making her way through the grounds of the hotel to the reception. She came upon a hotel employee, N, who was employed by the hotel as an electrician and (on the facts found by the judge) known to her as such. N was on duty and wearing the uniform of a member of the maintenance staff.

Michael Wukoschitz's picture

CJEU: no reimbursement of ticket price from the air carrier if there is a claim against the tour organiser

On 19 March 2015, three persons booked return flights between Eelde (Netherlands) and Corfu (Greece) through Hellas Travel, a travel agency established in the Netherlands. Those flights formed part of a ‘package tour’, the price of which was paid to Hellas Travel.

Michael Wukoschitz's picture

EU Commission sues Austria over VAT rules for travel agents

The special VAT scheme for travel agents means that VAT should be applied only on the margins made from sales of travel services to consumers. In return, however, travel agents cannot deduct VAT they pay while buying services from other businesses.

Michael Wukoschitz's picture

CJEU Advocate General qualifies AIRBNB as Information Society Service

Following a complaint by the French Association pour un hébergement et un tourisme professionnel, the Prosecutor’s Office, on 16 March 2017filed an indictment for infringement of the law regulating the conditions for the exercise of activities related to certain transactions concerningreal propertyand financial goodwill(Hoguet Law), in particular, the activities of real estate agents.

Michael Wukoschitz's picture

CJEU: damage to an aircraft tyre caused by a screw lying on the runway constitutes "extraordinary circumstances"

The plaintiff had been passenger of a Germanwings flight from DUB to DUS. When preparing for take-off, the flight crew discovered that one of the aircraft's tyres had been damaged by a screw which must have been lying on the runway. The tyre had to be changed which caused a delay of more than 3 hrs.

Michael Wukoschitz's picture

German Supreme Court: break down of the aiport computer system constitutes "extraordinary circumstances"

The claimants had booked flights from NYC to LON and then on to STR. Due to a break down of the computer systems at JFK aiport (which all in all lasted for 13 hrs), the claimants' flight to LON started 2 hrs late and they missed their conncetion flight to STR. They were rebooked to an alternative flight and reached their final destination with a delay of about 9 hrs. Their claim for compensation under Regulation (EC) No. 261/2004 remained unsuccessful at all court levels.

Michael Wukoschitz's picture

CJEU: No Claim for Compensation under the EU Air Passenger Rights Regulation if Air Carrier is Lacking Valid Operating Licence

In 2017 the claimants had booked a holiday package to Mallorca with TUI Germany including flights with Sundair. Five days before departure they were informed that they were rebooked to other flights operated by other airlines wtih an outward flight arrving in Mallorca more than 13 hrs later and a return flight arrivng in Germany more than 3 hrs later than orginally booked. They filed a law suit against Sundair for compensation according to Reg. (EC) No. 261/2004.

Michael Wukoschitz's picture

Schengen Borders Code precludes Germany from requiring coach companies to check passports

Under German law, any coach transport operator providing a regular cross-border service within the Schengen area to Germany must check the passports and residence permits of the passengers before they cross the German border in order to prevent a transport of third-country nationals not in possession of those travel documents to German territory.

Michael Wukoschitz's picture

Austrian Supreme Court: tour organiser can be liable for hotel accomodation provided by air carrier

The return flight of the plaintiff''s holiday package was cancelled and the air carrier rebooked the plaintiff for the following day. Complying with its respective obligation under Reg. (EC) 261/2004, the air carrier provided the plaintiff with hotel accomodation for the additional night. The plaintiff - a person of reduced mobility  - took a walk in the area close to the hotel where she tripped, fell down and was injured. She sued the tour organiser for compensation for pain and suffering.

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