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.

To ban or not to ban? Regulators attempt to mitigate risks from air carriage of lithium batteries

ICAO and regulators worldwide are examining methods to mitigate the risk posed by air carriage of lithium batteries. The crashes of two freighters in 2010 and 2011, and the grounding of Boeing 787s in 2013, all connected with lithium batteries on board, in combination with recent FAA studies, have sparked an intense debate on the conditions under which lithium batteries should be (not) allowed on board aircraft.

Etihad provisionally allowed to further conduct international code-share flights with Air Berlin in Germany

The Supreme Administrative Court of the state of Lower Saxony in Germany issued a provisional order that allows Etihad Airways to further conduct international code share flights with Air Berlin in Germany regarding its winter schedule 2015/2016. The court’s order was based on the bilateral agreement between Germany and the UAE. However, the court found that Etihad had no such right as to domestic German flights.

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.

Putting things into perspective: Some comments on the US Space Resource and Utilization Act of 2015

On November 25, President Obama signed into law the Space Resource and Utilization Act of 2015. The Act recognizes property rights of US citizens on asteroid resources they have extracted. The Act has been received by both enthusiasm and scepticism regarding its effect on international space law. However, a brief analysis of the situation from a technological, legal and US-domestic perspective reveals that importance of the Act lies mainly in the domestic US politics and economy.