ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV – WLR Daily

Posted July 23rd, 2012 in airlines, consumer protection, EC law, insurance, law reports by tracey

ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV: (Case C-112/11);  [2012] WLR (D)  217

“The concept of  ‘optional price supplements’, referred to in the last sentence of article 23(1) of Parliament and Council Regulation (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community, covered costs connected with the air travel, arising from services, such as flight cancellation insurance, supplied by a party other than the air carrier and charged to the customer by the person selling that travel, together with the air fare, as part of a total price.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH – WLR Daily

Posted June 11th, 2012 in age discrimination, airlines, collective agreements, EC law, law reports by sally

Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH (Case C-132/11); [2012] WLR (D) 173

“A provision in a collective agreement applicable to a group of companies within the airline industry which only took into account experience acquired as a cabin crew member from the date of recruitment by a specific airline company for the purposes of grading in the employment categories provided for in that agreement did not constitute indirect discrimination within the meaning of article 2(2)(b) of Council Directive 2000/78/EC.”

WLR Daily, 7th June 2012

Source: www.iclr.co.uk

BA fuel surcharge fine halved by OFT – The Guardian

Posted April 19th, 2012 in airlines, consumer protection, fines, news, price fixing by tracey

“The Office of Fair Trading has more than halved a £121.5m fine levied against British Airways for colluding with Virgin Atlantic in a fuel surcharge scam. The consumer watchdog reduced the fine to £58.5m to reflect new guidelines for financial sanctions and BA’s co-operation with the inquiry. Virgin Atlantic escaped any penalty because it blew the whistle on the collusion over setting fuel surcharges between 2004 and 2006.”

Full story

The Guardian, 19th April 2012

Source: www.guardian.co.uk

BA stewardess wins £280,000 damages – The Independent

Posted March 27th, 2012 in airlines, damages, health & safety, news, personal injuries by sally

“A British Airways stewardess who has been unable to return to work since a metal canister fell on her head while on duty is to receive £280,000 damages.”

Full story

The Independent, 26th March 2012

Source: www.independent.co.uk

Please stow your rights in the overhead compartment – UK Human Rights Blog

Posted February 9th, 2012 in airlines, airports, damages, disabled persons, human rights, news, treaties by sally

“If you need reminding of what it feels like when the candy-floss of human rights is abruptly snatched away, take a flight. Full body scanners and other security checks are nothing to the array of potential outrages awaiting passengers boarding an aircraft. Air passengers in general surrender their rights at the point of ticket purchase.”

Full story

UK Human Rights Blog, 9th February 2012

Source: www.ukhumanrightsblog.com

Legal ruling could see introduction of airline ‘fat tax’ – Daily Telegraph

Posted February 8th, 2012 in airlines, disability discrimination, news, obesity by sally

“A court ruling could pave the way for the introduction of a ‘fat tax’ for obese fliers, a leading barrister has claimed.”

Full story

Daily Telegraph, 7th February 2012

Source: www.telegraph.co.uk

Ryanair Holdings Ltd v Office of Fair Trading and another – WLR Daily

Posted January 5th, 2012 in airlines, appeals, competition, law reports, limitations, news, tribunals by tracey

Ryanair Holdings Ltd v Office of Fair Trading and another; [2011] EWCA Civ 1579;  [2011] WLR (D)  392

“The Competition Appeal Tribunal Rules granted a power to suspend the running of time, with regard to an investigation by the OFT, as a matter of urgency and in order to protect the public interest.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Rodríguez and Others v Air France SA (Case C-83/10) – WLR Daily

Posted December 6th, 2011 in aircraft, airlines, compensation, EC law, interpretation, law reports by sally

Rodríguez and Others v Air France SA (Case C-83/10); [2011] WLR (D) 348

“‘Cancellation’, in article 2(1) of Parliament and Council Regulation 261/2004/EC was not limited to the situation in which an aeroplane failed to take off at all, but also covered the case in which it took off but, for whatever reason, was subsequently forced to return to the airport of departure where the passengers were transferred to other flights. ‘Further compensation’ in article 12 of the Regulation allowed the national court to award compensation under the Montreal Convention for damage arising from breach of the contract of carriage by air. However that meaning was not the legal basis for the national court to order an air carrier to reimburse to passengers whose flight had been delayed or cancelled the expenses the latter had incurred because of the failure of that carrier to fulfil its obligations to assist and provide care under articles 8 and 9 of the Regulation.”

WLR Daily, 13th October 2011

Source: www.iclr.co.uk

Williams and others v British Airways plc (Case C-155/10) – WLR Daily

Posted September 29th, 2011 in airlines, EC law, employment, law reports, remuneration, working time by sally

Williams and others v British Airways plc (Case C-155/10); [2011] WLR (D) 282

“An airline pilot was entitled, during his annual leave, not only to the maintenance of his basic salary, but also, first, to all the components intrinsically linked to the performance of the tasks which he was required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, was provided and, second, to all the elements relating to his personal and professional status as an airline pilot, pursuant to article 7 of Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time and clause 3 of the Agreement annexed to Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation, concluded by the Association of European Airlines, the European Transport Workers’ Federation, the European Cockpit Association, the European Regions Airline Association (ERA) and the International Air Carrier Association.”

WLR Daily, 15th September 2011

Source: www.iclr.co.uk

UK pilots claim ‘victory’ over BA on holiday pay – BBC News

Posted September 16th, 2011 in airlines, EC law, holiday pay, news by tracey

“UK pilots have claimed a ‘huge victory’ after a European court ruled British Airways should base holiday pay on overall earnings not just basic pay. The British Airline Pilots’ Association (Balpa) said the European Court of Justice verdict would affect pilots and cabin crew and may cost airlines £50m. The case will now go back to the UK Supreme Court for a final ruling, which the union said was unlikely to differ.”

Full story

BBC News, 15th September 2011

Source: www.bbc.co.uk

OFT investigates hidden airline charges – Daily Telegraph

Posted September 9th, 2011 in airlines, consumer protection, electronic commerce, news by tracey

“The Office of Fair Trading has launched an investigation into whether airlines are hitting customers with hidden card surcharges when they book flights online.”

Full story

Daily Telegraph, 8th September 2011

Source: www.telegraph.co.uk


Airlines’ cheap ticket offers to be investigated – The Guardian

Posted August 8th, 2011 in advertising, airlines, consumer protection, EC law, news by tracey

“The European commission has launched an inquiry into airlines’ controversial ‘add-on’ charges that allow them to offer low prices bearing little resemblance to what ticket buyers end up having to pay.”

Full story

The Guardian, 8th August 2011

Source: www.guardian.co.uk

Ryanair demands £175m from BAA over Stansted charges – Daily Telegraph

Posted July 28th, 2011 in airlines, airports, competition, news by tracey

“Ryanair is claiming a £175m rebate from BAA in an escalating row over airline charges at Stansted airport.”

Full story

Daily Telegraph, 28th July 2011

Source: www.telegraph.co.uk

Airlines risk legal action over credit card ‘sting’ – The Independent

Posted June 29th, 2011 in airlines, consumer credit, fees, news, theatre, unfair commercial practices by sally

“Budget airlines, theatres and football clubs risk legal action if they continue to levy inflated charges for paying by credit and debit cards, the Office of Fair Trading (OFT) warned yesterday.”

Full story

The Independent, 29th June 2011

Source: www.independent.co.uk

UK backs EU-wide PNR plan after 15 countries back extension of proposal to internal EU flights – OUT-LAW.com

Posted May 13th, 2011 in airlines, data protection, EC law, news, terrorism by tracey

“Original pan-EU plans to collect passenger name record data (PNR) applied only to flights to and from EU countries from outside the EU. The Government has opted in to the process only after receiving the support of 15 other countries for its amendment to the plan so that it applied to some flights within the EU.”

Full story

OUT-LAW.com, 12th May 2011

Source: www.out-law.com

Damages awarded to Virgin Atlantic masseuses – BBC News

Posted March 11th, 2011 in airlines, damages, news, personal injuries by sally

“Two beauty therapists who suffered repetitive strain injury after giving hours of massages to Virgin Atlantic passengers have been awarded damages.”

Full story

BBC News, 10th March 2011

Source: www.bbc.co.uk

Bmibaby court defeat gives hope to passengers let down by flight sites – The Guardian

Posted March 7th, 2011 in airlines, compensation, internet, mistake, news by sally

“A woman who was overcharged by £1,300 on bmibaby’s website – when she was booking flights so a friend could visit his terminally ill father – has won a court victory against the budget airline.”

Full story

The Guardian, 5th March 2011

Source: www.guardian.co.uk

Airline worker found guilty of terrorism offences – Crown Prosecution Service

Posted March 1st, 2011 in airlines, Crown Prosecution Service, news, terrorism by sally

“Rajib Karim, a software engineer for British Airways (BA), was found guilty today at Woolwich Crown Court of involvement in preparing a ‘chilling plan’ to blow up a passenger plane.”

Full story

Crown Prosecution Service, 28th February 2011

Source: www.cps.gov.uk

British Airways plc v Mak and others – WLR Daily

British Airways plc v Mak and others [2011] EWCA Civ 184; [2011] WLR (D) 63

“The employment tribunal had jurisdiction to entertain claims for race and age discrimination brought against a British airline by employees based in Hong Kong, who worked for the airline on flights between Hong Kong and London among other destinations, since they did work partly in Great Britain and their employment was therefore to be regarded as being at an establishment in Great Britain.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Virgin Atlantic Airways Ltd v Delta Air Lines Inc – WLR Daily

Posted February 28th, 2011 in airlines, appeals, law reports, patents, summary judgments by sally

Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162; [2011] WLR (D) 60

“Notwithstanding the difficulties which could arise in cases where the technology was complex, it should not be assumed that summary judgment was not for patent disputes; the general rules as to summary judgment applied equally to patent cases as to other types of case and where the technology was relatively simple to understand, and the court was able, on summary application, to form a confident view about the claim and its construction, in particular about the understanding of the man skilled in the art, there was no good reason why summary procedure could not be invoked.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.