Compensation

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

Lost/Damaged Baggage and Montreal Convention

In Naeini v Air Canada2019 ONSC 1213, the Ontario Superior Court of Justice ruled that a claim can be made for lost/damaged baggage under Article 22(2) of the Montreal Convention by anyone able to prove that his/her baggage was checked with the carrier, regardless who checked it, and regardless the name on the lost bag's tag.

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

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.

Michael Wukoschitz's picture

Austrian Supreme Court lodges request for CJEU preliminary ruling on Montreal Convention

According to Article 17 of the MC, an air carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. In Saks v Air France, the US Supreme Court has defined the term "accident" as "an unexpected or unusual event or happening that is external to the passenger" and caused the injury.

Michael Wukoschitz's picture

Germany: no State liability for missed flight after lengthy security check

The plaintiff and his familiy were booked on a flight from Germany to a destination outside the Schengen area. The flight was scheduled to depart at 04:55 and the boarding time was announced for 04:30. The plaintiff and his family arrived at the security check shortly before 04:00. The officer detected a suspiciuos object in the hand luggage of the plaintiff's wife. He informed his supervisor who ordered the hand bag to be screened several times. In addition, the plaintiff's wife was checked for traces of explosive materials.

Michael Wukoschitz's picture

CJEU decides on forum in air passenger rigths cases

In Rehder v Ari Baltic (C-204/08) the Court of Justice of the Europena Union had decided that in the case of air transport of passengers from one Member State to another Member State, carried out on the basis of a contract with only one airline, which is the operating carrier, the court having jurisdiction to deal with a claim for compensation founded on that transport contract and Reg. (EC) No.

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U.S. Court: mental anguish compensable under Montreal Convention if it results from an accident that also caused bodily injury

Plaintiff Jane Doe and her eleven-year-old daughter flew aboard Etihad Airways from Abu Dhabi to Chicago. When she stuck her hand into the seat pocket in front of her, she was unexpectedly pricked by a hypodermic needle that lay hidden within. The needle drew blood from her finger.  Doe was prescribed medication for possible exposure to hepatitis, tetanus, and HIV, and she underwent several rounds of testing over the following year. Thankfully for Doe, all the tests came back negative.

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