Posts tagged #airline
All PostsReview of Clauses: Airline GCCs (Part 4)
Civil LawThe 25 June 2026 issue of the USANCEN newsletter featured the initial segment of an Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling regarding clauses in an airline’s General Conditions of Carriage (GCC). This week, USANCEN will ...
Review of Clauses: Airline GCCs (Part 3)
Civil LawThe 25 June 2026 edition of the USANCEN newsletter featured the initial segment of a pertinent Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling regarding clauses in an airline’s General Conditions of Carriage (GCC). This week, US...
Review of Terms and Conditions: Airline General Conditions of Carriage (Part 2)
Civil LawThe previous issue of the USANCEN Newsletter featured the first part of a significant Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling concerning an airline’s General Terms and Conditions. This week, USANCEN provides a summary of...
Review of Terms and Conditions: Airline General Conditions of Carriage (Part 1)
Civil LawIn the case at hand, the claimant commenced legal action against an airline, challenging the validity of fifteen specific provisions contained in the General Conditions of Carriage. In this issue, USANCEN provides an analysis of the first clause. The...
ECJ: Flight Delays Attributed to Passenger Boarding Procedures
European LawThe European Court of Justice (ECJ) examined whether an airline may invoke extraordinary circumstances pertaining to a previous flight as the cause of a delay, notwithstanding its independent decision to wait for passengers from that earlier flight. ...
Transport Service Bias Against People with Limited Mobility
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that an airline engages in discriminatory practices regarding the transportation of individuals who use wheelchairs if the person affected is required to wait 45 minute...
Airline Required to Refund Commission after Cancelling Flight
European LawThe European Court of Justice (ECJ) has issued a decision regarding whether travel agencies should be reimbursed for commissions on flights that are cancelled. In the case at hand, multiple travellers had acquired return flight tickets from Austria t...
ECJ: Travelling Pets are ‘Baggage’
European LawThe European Court of Justice has ruled that pets are considered baggage for the purposes of airline liability, thereby delineating the extent of airlines’ responsibility in cases of loss. In the case at hand, the plaintiff flew with her mother and h...
GER: Passenger Rights – Precautionary Cancellations Allowed
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, BGH) has ruled that airlines must be given some leeway in assessing what constitutes an appropriate measure in the event of extreme weather conditions. A causal link between an extraordinary cir...
DE: Are Airlines Liable for Partner Carrier Delays?
Civil LawAccording to the German Federal Court of Justice (Bundesgerichtshof, BGH), if a trip consisting of several flights is booked with one airline, this trip is to be regarded as one single unit. If there is a delay, passengers can make a claim against th...
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