European Court of Justice

Michael Wukoschitz's picture

German court asks ECJ: can a discontinued flight be regarded as delayed pursuant to Reg. 261/2004?

Plaintiff had booked a round trip flight from Frankfurt to Antigua. The return flight started on time and had a scheduled stopover in Punta Cana. From there the aircraft started on time as well but due to a technical problem - the landing gear could not be retracted - had to return to Punta Cana airport from where it could only depart again 24 hrs later.

Plaintiff filed a law suit claiming compensation pursuant to Reg. 261/2004. Court of first instance granted the claim. Upon defendant's appeal, the appelate court (LG Frankfurt am Main) referred the following questions to the ECJ

Michael Wukoschitz's picture

Ireland: Eyjafjallajökull eruption referred to the ECJ

The Dublin Metropolitan District Court referred the follwoing questions to the Court of the European Union:

Michael Wukoschitz's picture

Germany: yet another reference for preliminary ruling with regard to Reg. 261/2004

Amtsgericht Köln referred the following questions to the ECJ for preliminary ruling (summarized translation)

Michael Wukoschitz's picture

ECJ: Advocate General gives opinion on advertising entry-level prices for travel and tourist services

Swedish travel company "Ving Sverige" had advertised New York trips in newspaper ads, indicating an entry level price only. In his opinion of Feb. 3, 2011, Advocate General Paolo Mengozzi held that indication of an entry-level price would only fulfil the information requirements of Art. 7 of the Unfair Commercial Practices Directive (2005/29/EC) if indication of the actual price was

Michael Wukoschitz's picture

Germany: new reference for preliminary ruling with regard to Reg. 261/2004

Plaintiiff had booked a journey from Bremen/Germany to Asunción/Paraguay via Paris and São Paulo. Departure from Bremen to Paris was delayed about 2:30 hrs. Plaintiff therefore missed the connecting flight to São Paulo, was re-routed and reached Asunción only 11 hrs after the originally scheduled arrival time. She sued for compensation of EUR 600 under Reg. 261/2004 and AG Bremen as first instance court granted the claim. The appelate court (OLG Bremen) upheld the decision.

Stephan Keiler's picture

ECJ: Definition of a Package / Directing professional activities (International Jurisdiction)

In Cases C-585/08 (Pammer vs Schlueter) and C-144/09 (Hotel Alpenhof vs Heller) [remark: not joint but decided together] ECJ had to decide whether a so called passive website of a Hotel respectively a travel agent meets the requirement of 'directing professional activities' to the (other) EU member state where the consumer has his habitual residence (according to Art 15 Nr 1 lit c Brussels I Regulation). The question arises with respect to international (exclusive) jurisdiction.

Michael Wukoschitz's picture

UK: Details of the High Court's reference for preliminary ruling, questioning the ECJ Sturgeon/Böck judgement

TUI Travel Plc, British Airways, Easyjet and IATA (Claimants) requested the British Civil Aviation Authority (Defendant) to confirm that it would not interpret the Regulation 261/2004/EC as imposing an obligation on air carriers to pay compensation in the event of delay. The Defendant has refused to provide this assurance, stating that it is bound to give effect to the ruling in Sturgeon.

To sum up, claimants argue as follows:

Michael Wukoschitz's picture

Latvia: new reference for ECJ preliminary ruling with regard to Reg. 261/2004

An Air Baltic flight from Copenhagen to Riga was delayed due to a breakdown of the radar and air navigation system and a partial closure of the air space above Malmö. After more than two hours though the air space was open again, the airline decided to cancel the flight because otherwise the admissible working hours of the crew would have been exceeded.

The Latvian court (Augstākās tiesas Senāts) referred the following questions to the European Court of Justice:

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