EU Passenger rights

Michael Wukoschitz's picture

European Court of Justice: compensation for flight delay not conditional upon delay at departure

Mrs Folkerts held a reservation to fly from Bremen (Germany) to Asunción (Paraguay), via Paris (France) and São Paulo (Brazil). The departure of the flight from Bremen to Paris, operated by the company Air France, was delayed and the aircraft took off with a delay of approximately two and a half hours beyond the scheduled departure time.
Michael Wukoschitz's picture

CJEU: no limitation of the air carriers' obligation to provide care to passengers in case of volcanic eruption

In the event of cancellation of a flight, the air carrier is obliged, under Reg. 261/2004/EC, to provide care to passengers as well as to provide compensation. As regards the obligation to provide care, the air carrier must provide free of charge, in light of the waiting time, refreshments, meals and, where appropriate, hotel accommodation and transport between the airport and place of accommodation, as well as means of communication with third parties.

Michael Wukoschitz's picture

ECJ clarifies time limit for court actions under EU Air Passenger Rights Regulation

The "EU Air Passenger Rights Regulation" (Reg, [EC] 261/2004) affords air passengers a right to compensation according to the distance and destination of their cancelled flight, unless the cancellation is caused by extraordinary circumstances. However, it does not specify any time-limit for bringing actions for compensation.

Michael Wukoschitz's picture

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.

Michael Wukoschitz's picture

European Court of Justice decides in two denied boarding cases

On Oct. 4, 2012, the ECJ has published two judgements in denied boarding cases. In both judgements, the ECJ held that the concept of ‘denied boarding’ pursuant to Reg. (EC) 261/2004 relates not only to cases of overbooking but also to those concerning other grounds, such as operational reasons.

Michael Wukoschitz's picture

Germany: one more reference for ECJ preliminary ruling on Reg. (EC) 261/2004

On June 29, 2012, the German Landgericht Frankfurt am Main has lodged a new refrence for preliminary ruling to the ECJ on the following question:

Michael Wukoschitz's picture

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.

Michael Wukoschitz's picture

Netherlands: new reference for ECJ preliminary ruling regarding air passenger rights

The Dutch Rechtbank Amsterdam has referred the following questions to the Court of Justice of the European Union:

Michael Wukoschitz's picture

Germany: Supreme Court to hear cases on airline personnel strikes as "extraordinary circumstances"

On June 5, 2012, the German Civil Supreme Court (BGH) will hear two cases involving flight cancellations due to airline personnel strikes. In one case the appelate court (LG Köln) had held that the operating carrier may not refer to a strike of its own personnel as an "extraordinary circumstance", in the other case the second instance court (LG Frankfurt/Main) had decided to the contrary.

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