Article on recent case law of Supreme Courts regarding Reg. 261/2004

Greek-speaking readers may find interesting my article on recent case law of Supreme Courts concerning Regulation 261/2004 on airline passenger rights, published in Annals of Private Law, issue 12/2012 (Χρονικά Ιδιωτικού Δικαίου).  

European Commission issues new guidelines on State aid to airports and airlines

The European Commission issued new guidelines on State aid to airports and airlines on 20 February 2014, to facilitate the application of Art. 107 Treaty on the Functioning of the EU (TFEU) in aviation. The aim of the new rules is to ensure the efficiency of State support, while preventing the distortion of competition through overcapacity and duplication of infrastructure. There are four main points in the guidelines.

Italian Competition Authority fines EASYJET and RYANAIR for unfair commercial practices

    The Italian Competition Authority in two separate decisions issued on 17 Febr. 2014 fined the airlines EASYJET and RYANAIR for using unfair commercial practices, in the sense of Directive 2005/29/EC, concerning travel insurance during the online booking process. Such practices were found to violate the provisions of the Italian Consumer Code that have transposed Directive 2005/29/EC into Italian law on misleading omissions (see Art. 7 of the Directive) and aggressive commercial practices (see Arts 8 and 9 of the Directive).

FAA enacts regulation to enhance ‘sterile cockpit’ rule

   The US Federal Aviation Administration (FAA) enacted on 12 Febr. 2014 an amendment to 14 CFR Part 121, to comply with Section 307 (§ 44732) of the FAA Modernization and Reform Act of 2012. These provisions prohibit the use of electronic devices (cell phones, laptops, PDAs etc.) on the flight deck for personal purposes of the crew, while the aircraft is operated, i.e. from beginning of taxi (movement of the aircraft under its own power) until the aircraft is parked at the gate at the end of the flight segment (14 CFR 1.1).

Luxembourg Court of Appeals renders judgment on LUXAIR case

   The Court of Appeals of Luxembourg for criminal cases delivered on 21 Jan. 2014 its judgment on the LUXAIR accident case. The judgment concerned also civil claims brought before the criminal court for damages (mainly mental injuries and loss of beloved ones) resulted from the defendants’ criminal behavior (violation of the rules of the air and involuntary manslaughter). The Court awarded damages between 11.500 € and 130.500 € plus interest and judicial expenses.

St. Valentine’s day and air cargo

   AirCargoWorld posted some interesting information on the air cargo of flowers for St. Valentine’s day.

Regulation 261/2004 on air passenger rights: European Parliament approves review draft

  The European Parliament approved on 5 Febr. 2014 the draft of a new Regulation on air passenger rights, which will amend the existing Regulation 261/2004. The Parliament’s draft is based on the revision proposal of the European Commission, but adopts consumer-friendlier positions.

Lady Gaga to perform in 'space'!

According to MTV reports, singer Lady Gaga will be the first recording artist from space.

The famous singer has been invited by Virgin Galactic owner, Richard Branson, to participate in 2015 ‘Zero G Colony Festival’ in New Mexico. She is going to perform a song on board a Virgin Galactic 'spaceship' (actually a suborbital vehicle) in flight, which will be transmitted down to the festival facilities.

Lady Gaga stated that she wants to use the event to also raise money for the ‘Born This Way Foundation’ by auctioning off her second seat on Virgin Galactic ’s suborbital vehicle.

German Supreme Court holds clauses of tour organizer on tentative flight times unfair

   The German Supreme Court, in a class action brought by a consumer organization (Verbraucherzentrale Deutschland), held two clauses in the general terms and conditions of a tour organizer (TUI Deutschland) to be unfair and thus not binding for consumers.

Airline baggage fees: AG Opinion in case C-487/12

 

AG Yves Bot delivered on 23 Jan. 2014 his Opinion on the case C-487/12 Vueling Airlines SA v Instituto Galego de Consumo de la Xunta de Galicia concerning additional fees imposed by air carriers on checked und unchecked luggage.