Indication of air fares under EU law: CJEU rules on the appropriate currency

The Court of Justice of the EU (CJEU) has ruled that air carriers have to indicate air fares for intra-EU flights in the currency of either the place of departure or the place of destination of the particular flight.

EU261: CJEU on ticket price to be reimbursed

The Court of Justice of the EU (CJEU) has ruled that in case that passengers are entitled to reimbursement of the price of their ticket under Regulation (EC) No 261/2004, then such price comprises also the commission of the intermediary, if the air carrier knew about the commission.

CJEU clarifies procedural issues on enforcement of Regulation 261/2004 on passenger rights

Two recent judgments of the Court of Justice of the European Union (CJEU) have clarified some important procedural aspects on the enforcement of Regulation (EC) No 261/2004 on passenger rights in cases of long delays, cancellation of flights and denied boarding. The first judgment concerned the role of national enforcement bodies under the Regulation 261/2004. The second one related to questions of international jurisdiction and applicable procedural rules in case of a European payment issued for claims arising out of the Regulation.

1999 Montreal Convention: CJEU rules that also employers may be entitled to compensation

The Court of Justice of the EU (CJEU) ruled that employers may also be entitled to receive compensation under the 1999 Montreal Convention (MC) on liability of international air carriers. Furthermore, the Court found that compensation under the MC is provided per passenger; therefore, an employer who has booked tickets for more than one employees can claim higher amounts of compensation than each employee could claim individually.

CJEU rules on VAT for unused passenger tickets: A judgment with hidden consumer-law implications?

The Court of Justice of the EU (CJEU) judged recently that airlines have to pay Value Added Tax (VAT) for unused, non-refundable airline tickets. This might have implications on the right of passengers to claim also VAT refund in case of unused (partly) refundable tickets.

CJEU: The final price of air fares at booking process must be indicated at all times and for each flight shown

The Court of Justice of the European Union (CJEU) ruled in its judgment on the case C-573/13 that airline websites must indicate the total price of the air fare at all stages of the booking process. Furthermore, the total price must be displayed for all flights shown on the screen and not only for the selected flight.

CJEU: Collision of an aircraft with a mobile staircase no “extraordinary circumstances” under Reg. 261/2004

The Court of Justice of the EU (CJEU) issued a Reasoned Order on the case C-394/14 Siewert et al., which clarified that a collision of an aircraft with a mobile passenger staircase (ramp stair) on the tarmac does not constitute ‘extraordinary circumstances’, which exonerate the air carrier from its duty to provide compensation for long delay under the Regulation (EC) No 261/2004 on passenger rights in the event of long delay, cancellation of flight and denied boarding.

Airline ancillary fees: CJEU rules on legality of baggage fees

The CJEU has delivered its judgment on the case C-487/12 on the legality of additional charges for checked and unchecked baggage under EU law. The Court found that such charges are permitted for checked baggage, but not allowed for hand luggage. 

Regulation (EC) No 261/2004: CJEU defines ‘arrival time’

The Court of Justice of the EU (CJEU) delivered today its judgment on the case C-452/13 Germanwings, in which it defines the notion of ‘arrival time’ in the framework of Regulation (EC) No 261/2004 on passenger rights as the time ‘at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft’. 

Single European Sky or Single European Snail? EU Commission sends letters of formal notice to 18 States to accelerate implementation of common airspace management

The EU Commission has sent letters of formal notice, i.e. official requests for explanations, to 18 EU Member States (MS) regarding the long delay in the implementation of the Functional Airspace Blocks (FABs) established under the Single European Sky initiative (SES). A letter of formal notice under the EU law is the first step of the EU law infringement procedure against MS.

CJEU: EU-MS may prohibit charges for the use of cashless payment methods

The Court of Justice of the EU (CJEU) ruled in its judgment of 9 April 2014 (case C-616/11) that under Directive 2007/64/EC on payment services a Member State (MS) may prohibit charges for cashless payments levied by traders to customers. This ruling entails that EU-MS may, in full accordance with EU law, prohibit airline transaction fees charged to customers (e.g. credit card fees). 

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).  

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.