European Court of Justice

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European Court of Justice: national courts must investigate of their own motion whether a jurisdiction clause is unfair

Upon reference by a Hungarian court (Budapesti II. és III. kerületi bíróság) the ECJ decided on Nov. 12, 2010 that a national court must investigate of its own motion whether a term conferring exclusive territorial jurisdiction in a contract concluded between a seller or supplier and a consumer, which is the subject of a dispute before it, falls within the scope of Directive 93/13 and, if it does, assess of its own motion whether such a term is unfair.

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Austrian Supreme Court follows ECJ precedent with regard to hotel TV

An Austrian collecting society filed a law suit against a hotel company and claimed for rendering of accounts with regard to satelite TV provided to guests in defendant's hotel rooms. Both, court of first instance (Handelsgericht Wien) and apellate court (OLG Wien) granted the claim. In judgement 4 Ob 120/10s of Aug.

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German Supreme Court: putting together a package doesn't necessarily turn the travel agent into a tour organizer

Plaintiff booked a combination of air travel and sea cruise and two hotel nights in Jamaica. The combination was put together individually by a travel agent, according to plaintiff's request. At the outward flight her luggage was left behind and only deliverd to her after the cruise was finished. She claimed for price reduction.

First instance court (Amtsgericht Frankfurt am Main) granted the claim. Upon appeal by defendant, the appelate court (Landgericht Frankfurt am Main) reversed the judgement and dismissed the claim.

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Sweden: reference for ECJ preliminary ruling with regard to advertising entry-level prices for travel and tourist services

Ving Sverige AB, a Swedish travel company advertised New York trips in newspaper ads, indicating an entry level price only. The Swedish consumer ombudsman (Konsumentombudsmannen) sued for unfair competition as he regarded it necessary to indicate a specific price whereas advertising an enty-level price only was misleading.

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UK: High Court seeks ECJ clarification of passenger rights

The UK High Court suspended U.K. courts from hearing any more compensation cases for delays against airlines. It has ordered the suspension while it asks the European Court of Justice to review the November 2009 ruling (joint cases C-402/07 - Sturgeon v. Condor and C-432/07 Böck, Lepuschitz v. Air France) extending the claim for compensation as provided in Reg. 261/2004/EC to passengers facing (long) delays. The controversial ECJ judgement strengthened the entitlements of passengers but has outraged airlines.

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Germany: reference for preliminary ruling of the ECJ with regard to Reg. 261/2004

A German court (Amtsgericht Köln) has recently filed a reference for preliminary ruling with regard to the follwoing question: