Tag Archives: IFTTA

25th Worldwide Conference of the International Forum of Travel and Tourism Advocates [IFTTA] and 7th IFTTA Europe Workshop (Dublin, 9-11, October 2014)

Najbliższa „światowa” i „europejska” konferencja  the International Forum of Travel and Tourism Advocates (IFTTA) odbędzie się w dniach 9-11 października 2014 r. w Dublinie.

Więcej informacji: IFTTA.

Reklamy

ECJ to hear cases challenging its „Sturgeon” judgement (IFTTA)

The Court of the European Union has scheduled a hearing for March 20, 2012 at 09:30 in the joined cases Nelson v. Deutsche Lufthansa (C-581/10; referring court: Amtsgericht Köln, Germany) and TUI et al v. CAA (C-629/10; referring court: High Court of Justice / England & Wales, Queen’s Bench Division / Administrative Court).

Both references seek a revision of the „Sturgeon” judgement (judgment of Nov. 19, 2009 in joined cases C-402/07 and C-432/07) by questioning the vailidity of Articles 5-7 Reg. 261/2004 as interpreted there with regard to

  • the principle of equal treatment
  • the principle of proportionality
  • the principle of legal certainty and
  • the Montreal Convention

While some more references concerning Reg. 261/2004 as interpreted in the Sturgeon judgement are still pending, it will be exciting to see how the court will solve the controversy which arose from „Sturgeon” and which in some member states led to a stay of cases seeking compensation for delay pursuant to Articles 5-7 Reg. 261/2004.)

Source: IFTTA (by: Michael Wukoschitz)

„Reviews you can trust” – UK Advertising Standards Authority finds TripAdvisor ads misleading (IFTTA)

Claims on tripadvisor.co.uk, a website providing holiday and travel consumer reviews, stated „… read reviews from real travellers … TripAdvisor is the world’s largest travel site, enabling travellers to plan and have the perfect trip. TripAdvisor offers trusted advice from real travellers and a wide variety of travel choices and planning features … TripAdvisor.com features: More than 50 million honest travel reviews and opinions from real travellers around the world”. Review pages on the website featured the TripAdvisor logo next to the claim „Reviews you can trust” above a chart that gave details of the rating summary and percentage recommendation of the relevant location – see more: „Reviews you can trust” – UK Advertising Standards Authority finds TripAdvisor ads misleading.

IFTTA: new reference for ECJ preliminary ruling regarding Reg. 261/2004 (Germany)

On Nov. 25, 2011, the German Amtsgericht Düsseldorf has filed a motion for preliminary ruling to the ECJ regarding the follwoing issue:

  • Is a passenger entitled to compensation under Article 7 of Regulation (EC) No 261/2004 if the departure time of a flight has been delayed for a period of time falling within the limits defined in Article 6(1) of the regulation, but the flight arrives at the final destination at least three hours after the scheduled time of arrival?

Case C-594/11, Becker v. Air France

A similar reference had been filde by the German Supreme Court (BGH) on Dec. 9, 2010.)

Source: IFTTA (by: Michael Wukoschitz).

European Economic and Social Committee publishes opinion on the ‘functioning and application of air passenger rights’ (IFTTA)

The European Economic and Social Committee (EESC) considers that there is a need to undertake a legislative reform of Regulation No 261/2004 in order to consolidate all air passenger rights into a single text. This reform should firstly, incorporate the body of case-law laid down by the Court of Justice of the European Union and secondly, attempt to define and identify the practical scope of what is understood by the term ‘extraordinary circumstance’, determine the precise extent of the right to assistance, and address all other others aspects mentioned in the present opinion in order to guarantee a high level of protection for passengers.

Read full text of opinion here>>.

Source: IFTTA, by: Michael Wukoschitz

IFTTA: tour organiser not liable for costs of extended stay caused by flight cancellation due to the ash cloud crisis (Austria)

The plaintiff had booked a holiday package and spent her vacations in Gran Canaria in April 2010. Her return flight scheduled for April 17, 2010 had been cancelled because of the air space closures caused by the ‚ash cloud’. Thus she had to stay in Gran Canaria until April 23, 2010 and bear the extra costs of this extend stay (mainly: hotel and telephone costs). Back home she sued the tour organiser for compensation. The appelate court (LG Innsbruck), however, dismissed the claim against the tour organiser. Other than the first instance court, the appelate court followed the arguments of the tour organizer and held that pursuant to Reg. 261/2004/EC it had been the operating carrier’s responsibility to provide free hotel accomodation and telephone calls. Any action for compensation with regard to a failure to comply with these obligations could therefore only be brought against the operating carrier while the tour organiser had had no obligation to provide these services and had not been at fault with regard to the cancellation.

Case: LG Innsbruck 6.12.2011, 1 R 158/11h

Source: IFTTA, by Michael Wukoschitz

IFTTA: new reference for ECJ preliminary ruling regarding rail passenger rights (Austria)

On Sep. 8, 2011 the Austrian Adminstrative Court (VwGH) has filed a reference for preliminary ruling of the Court of the European Union with regard to Reg. (EC) 1371/2007 on Rail Passengers’ Rights and Obligations. The referring court wants to know whether

  • Article 30 para 1 is to be interpreted as meaning that the National Enforcement Body is entitled to dictate to railway undertakings certain terms of compensation even though national law only allows to declare terms ineffective if they do not comply with Article 17; and
  • Article 17 is to be interpreted as meaning that a railway undertaking may exclude compensation in cases of force majeure.

The Austrian National Enforcement Body had regarded the terms used by the Austrian Railway Company (ÖBB) as not being in line with Article 17 of the Regulation and therefore required the ÖBB to make particular amendments with regard to these terms. Upon complaint by ÖBB, the Adminstrative Court has filed the eference for preliminary ruling.

Full text of the VwGH motion 2011/03/0077 of Sept. 8, 2011 (EU 2011/0009) available in German here>>.

Source: IFTTA, by Michael Wukoschitz