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.

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.

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: 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.

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’. 

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.

European Commission releases report on complaint handling and enforcement of the Air Passenger Rights Regulations

The European Commission released a report on the application and enforcement of the EU Regulations on the rights of air passengers, i.e. Regulation 261/2004, which lays down passenger rights in case of long delay, flight cancellation and denied boarding, and Regulation 1107/2006, which provides for the rights of persons with reduced mobility. The report contains statistics for the period 2010-2012, based on data reported by the National Enforcement Bodies (NEBs) and Eurocontrol. The statistics provide very interesting information.

LH pilot strike and passenger rights

The pilots of the German carrier Lufthansa (LH) are on strike from Wednesday 2 April to Friday 4 April demanding higher wages and better retirement schemes. As a result, about 3.800 flights will be cancelled (see more here). From a legal view, it is worth highlighting a few issues on passenger rights according to EU law in such cases.

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).