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 and prohibition of claim assignment: German Regional Court finds clause unfair

The Regional Court (Landesgericht) of Nuremberg-Fuerth in Germany found unfair a clause in the general terms and conditions of an airline that prohibits the assignment of claims under Regulation 261/2004 (EU261) to claims handling companies.

EU 261: German Supreme Court rules on liability for delay of re-routing flight

The German Supreme Court (BGH) ruled that an operating carrier could be liable, under Regulation (EC) No 261/2004, for cancelling its initial flight, if the re-routing flight offered is delayed, with the result that the passengers reach delayed their final destination, even if the re-routing flight is operated by another carrier.

German court finds airline price-adjustment clause unfair

In a recent judgment, the Court of first instance of Berlin (LG Berlin) fined Air Berlin for using an unfair price-adjustment clause in its contracts, in legal proceedings initiated by the Federal German Consumer Protection Association (VZBV). The judgment is appealable.

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.

Aviation security: Recent regulatory developments in the EU

In response to the ongoing security situation in Europe, a series of regulatory developments has occurred in the EU: the EU Council reached an informal with the EU Parliament on the content of a proposed cybersecurity Directive, which includes aviation; the European Commission presented a proposal for Directive on terrorism, which includes travelling abroad for terrorist purposes; the European Council approved a legislative proposal for a Directive on an EU-wide Passenger Name Records (PNR) system.

EU competition law: Recent developments in aviation

The General Court of the EU dismissed the annulment actions that Niki Luftfahrt GmbH, an Austrian air carrier had brought against the European Commission (EC) decisions that approved the takeover of the Austrian legacy carrier Austrian Airlines by the German carrier Lufthansa.

A few days later, the EC accepted the commitments offered by SkyTeam members Air France/KLM, Alitalia and Delta on three transatlantic routes.

In addition and in a more general framework, the EC initiated an infringement procedure on the application of the German Minimum Wage law to the transport sector.

7th Circuit finds direct claims under EU Reg. 261/2004 unenforceable in the US

The US Court of Appeals for the 7th Circuit found in the case Volodarskiy et al. vs Delta Airlines, Inc. that claims of passengers under the European Regulation (EC) No 261/2004 on passenger rights in cases of flight delay and cancellation are unenforceable in the US, as long as they are not incorporated in the airline’s general terms of carriage. Such claims can only be enforced before the courts of the EU Member States.

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.

Travellers and insolvency: Developments in the EU - part 1 IATA agreement

The International Air Transport Association (IATA) announced a new voluntary agreement among its members to help repatriate passengers flying to, from or within the EU, who had booked their ticket with an airline that in the meantime filed for bankruptcy and stopped its operations.

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.

EASA permits use of PEDs throughout the flight

The European Aviation Safety Agency (EASA) announced that it permits the use of Portable Electronic Devices (PEDs), such as laptops, palmtops, cell phones etc. on board the aircraft throughout the flight, provided that the aircraft have been certified as ‘PED tolerant’.

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.

Regulation 261/2004: English CA on “extraordinary circumstances” and time bar to claims

The England and Wales Court of Appeal delivered two judgments on the interpretation of “extraordinary circumstances” and the time bar to compensation claims under Regulation (EC) Nr. 261/2004 on passenger rights in the event of flight long delay, cancellation and denied boarding. The judgments are in line with previous case law of the Court of Justice of the EU (CJEU) on these issues.

EASA contemplates revision of its Basic Regulation

The European Aviation Safety Agency has issued an Advanced Notice or Proposed Amendment (A-NPA) concerning the EASA Basic Regulation (Regulation Nr. 216/2008), which means it has initiated preliminary consultation thereon with all actors involved. The consultation regards the Regulation’s modernization in view of the future mid-term and long-term developments in aviation. The changes proposed relate to:

• A performance-based and integrated approach to safety,
• Modernising and updating the EASA’s safety remit,
• Extending the EASA’s remit beyond safety,
• Optimising the use of available resources
• Ensure an adequate and stable Agency funding,
• Further integration of aviation aspects, and
• Aviation regulation beyond the EASA’s facets.

The deadline for comments and responses is 15 August 2014.

You can find EASA’s A-NPA here.

EU Commission releases report on the implementation of the Airport-Charges-Directive

The EU Commission has released a report on the implementation of Directive 2009/12/EC on airport charges. The report evaluates the Directive as to its impact on consultation of airport users by airport managers, transparency and non-discrimination of the charges imposed, the role of the established Independent Supervisory Authorities (ISAs) in each Member State, and the flexibility to impose differentiated services on airport users. The report concludes that the Directive has brought about improvements, yet further steps should be taken, for its implementation varies not only among Member States but also among different airports of the same Member State.