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  #1  
Old Aug 26, 2009, 11:50 PM
jimworcs jimworcs is offline
 
Join Date: Jan 2008
Location: Lot et Garonne, France
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Default European court makes ruling favouring passengers!!

For those people living in Europe, the European Court of Justice has just ruled (July 29th) that passengers can pursue compensation over cancelled flights or other disputes through courts in either the city of departure, the city of arrival or the city where the airline is registered. This ruling came about in a lawsuit filed in Munich against Air Baltic which the airline sought to have thrown out because it required all legal claims to be filed in Riga. This will have big implications for airlines.

Many people have been prevented from seeking legal redress against the airlines because they have had the cases dismissed, requiring disputes to be settled in their own jurisdiction, as per their terms and conditions. This acts as a deterrent to a passenger, who may have travelled on Ryanair within Italy for example, but would be forced to file suit in Dublin. Under this new ruling, the lawsuit can be filed in the location chosen by the passenger.

I hope this will have the intended effect of making it easier to get your rights enforced...
  #2  
Old Aug 27, 2009, 2:42 AM
Butch Cassidy Slept Here Butch Cassidy Slept Here is offline
 
Join Date: Mar 2008
Location: Nearest Airports: COD, BIL, WRL
Posts: 577
Talking

Sounds like that ruling creates a situation similiar to that in America, and possibly the UK, where, as you probably know, one can sue a company in their home jurisdiction and in just about any other (domestic) jurisdiction the given company does business in.

Jim I think you did an informative, and helpful, post.

However there might be some people--no one who posts on this board of course--who might say...

* You've started a thread to further your own personal agenda.
* Postings on this site are limited to complaints. Therefore your post is "out of line."
* This is something everyone has already heard about (not really, but it sounds good.)
* Since your posts are not, consistently, pro-airline and, since you may not have posted a complaint of your own, you have no business posting on this board AT ALL!
* You're a follower of Al Sharpton (or the Ian Paisley of 1972?)

Again, no one who posts on this board would EVER suggest such things!
  #3  
Old Aug 27, 2009, 10:44 AM
jimworcs jimworcs is offline
 
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Location: Lot et Garonne, France
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Default

Rev Ian Paisley and the Rev Al Sharpton... I wonder if that is the first time they have ever been put in the same category!!
  #4  
Old Aug 27, 2009, 12:04 PM
Jetliner Jetliner is offline
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Join Date: May 2008
Posts: 495
Default

JIm - it's nice to see someone anti-airline (as seems to be the term arround here) post something that is information of real use, instead of of posting something that does nothing to help those with complaints on here.
  #5  
Old Aug 28, 2009, 1:17 AM
jimworcs jimworcs is offline
 
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Me anti-airline... whatever gave you that impression? But thanks anyway...
  #6  
Old Jan 8, 2010, 1:46 PM
Mildred Cable Mildred Cable is offline
 
Join Date: Jan 2010
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Good to know and thank you. Air Berlin cancelled my flight last year (went on strike) and I had to pay Lifthansa over ***$5000*** to get from the U.S. to Germany! <choke> I'm still trying to pay off that loan. Do you think there's any hope for a lawsuit?
  #7  
Old Jan 8, 2010, 2:43 PM
jimworcs jimworcs is offline
 
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Location: Lot et Garonne, France
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Default

I am afraid Mildred, that I think there is an exception in the law for things which are outside the control of the airline.. and I think a strike was one of them. The court is likely to find that you should have claimed against travel insurance in this eventuality.. I do not think that this is likely to succeed.
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