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628 results found

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bellpark legal ag | Switzerland | 29 Jun 2022

Airspace closure and passenger rights

Switzerland's airspace recently shut down for several hours when a computer malfunction paralysed the Swiss air navigation service provider Skyguide. The incident affected thousands of passengers whose flights were cancelled or delayed by several hours. It is highly likely that the closure will be characterised as an extraordinary circumstance; under the EU Flight Compensation Regulation, it......
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Arnecke Sibeth Dabelstein | Germany | 8 Jun 2022

Agency fees are not to be reimbursed as airfare by airline – long-needed, industry-adapted correction by Düsseldorf Court of Appeal

Travel agencies add their own fees (ie, agency fees) to the cost of flight tickets and it is often unclear to passengers that such fees have nothing to do with the contract of carriage. European Court of Justice case law holds that an agency fee must be reimbursed if it was charged with the knowledge and approval of the airline. This legal question has now been discussed in detail before the......
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Arnecke Sibeth Dabelstein | Germany | 1 Jun 2022

Damages claim against Federal Republic of Germany for missed flight because of long waiting period at security check

The Frankfurt Upper Regional Court recently held that if passengers miss their flight as a result of having to wait a long time for a security check at an airport, they can claim compensation from the Federal Republic of Germany for the extra costs incurred for an alternative flight, provided that the passengers arrived at the check-in desk on time in accordance with the recommendations by......
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Arnecke Sibeth Dabelstein | Germany | 4 May 2022

Airports must help aircraft land safely

A recent case at the Dortmund Local Court concerned a flight that was cancelled due to the destination airport having insufficient equipment to help the aircraft land in heavy fog. The Dortmund Local Court dismissed the plaintiff's claim for compensation, deciding that the airline was not responsible for the cancellation or rerouting. The Court's decision strengthens the position of the airlines.
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Lexology PRO | Global, United Kingdom, USA | 21 Apr 2022

Collective redundancies: key lessons from P&O Ferries, Tesco, and Better.com

Pre-recorded videos, omitting consultations, and same-day Zoom calls are among the COVID-era redundancy techniques that businesses should avoid.
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Norrbom Vinding | Denmark | 9 Mar 2022

Working time statements not sufficient evidence of breach of 48-hour working time rule

According to the Working Hours Act, an employee's weekly working time must not exceed 48 hours when calculated as an average over a four-month period. Employees who work in excess of that will be entitled to compensation. However, are an employee's statements and evidence of long working days sufficient to prove a breach of the "48-hour rule"? That was one of the questions that the Eastern......
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KaiRong Law Firm | China | 2 Mar 2022

Airline's duty owed to passengers at airline's check-in counters

It is well known that an air carrier is liable for damage sustained in the case of death or bodily injury of a passenger where such death or injury took place onboard the aircraft or in the course of any of the operations of embarking or disembarking. It is also possible for an airline to be liable for personal damage suffered by a passenger in situations other than the aforesaid. This was......
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Arnecke Sibeth Dabelstein | Germany | 23 Feb 2022

One single booking – effects of case law on practice

Airlines often have to struggle with the undefined legal term "one single booking". Such issues were illustrated in a recent legal dispute before the Frankfurt District Court. The proceedings in this case present considerable procedural problems.
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Arnecke Sibeth Dabelstein | Germany | 16 Feb 2022

C-20/21: no cherry picking of jurisdiction concerning connecting flights

Following a request for preliminary ruling from the Frankfurt Court of Appeal, the European Court of Justice recently had to rule on whether passengers who have made a single booking of two connecting flights with two air carriers can claim for compensation at the destination of the first leg under EU Regulation No. 1215/2012. The three claimants had booked a connecting flight from Warsaw,......
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Arnecke Sibeth Dabelstein | Germany | 2 Feb 2022

No claim to carriage or reimbursement of costs for alternative flight if passenger arrives late at gate for boarding

A recent case confirmed that passengers are not entitled to carriage or reimbursement of the costs for alternative carriage in the event of their delayed arrival at the gate for boarding. In addition, the air carrier does not owe a minimum boarding time. This is because otherwise there would be a considerable disruption of air traffic.
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