Aviation News

The Hague Court of Arbitration for Aviation

In many cases, commercial disputes among members of the aviation sector are still resolved by litigation rather than arbitration, even though…

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Lexology GTDT: Air Transport in Austria

We are happy to share that our aviation law team was chosen to author the chapter on Air Transport in Austria…

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Air carriers can be liable for psychological injuries caused by accidents

The Montreal Convention is a multilateral treaty for the unification of several rules for international air carriage to which 136 states…

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Recent CJEU decisions on the consequences of a travel agency´s actions for air carriers

In two recent decisions, the Court of Justice of the European Union (CJEU) dealt with the consequences an air carrier faces…

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Legal fees and no-reply email addresses

Many questions of our airline clients concern legal fees demanded by passengers and under what circumstances these fees must be paid….

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The breakdown of an airport´s refueling system constitutes extraordinary circumstances

On 7 July 2022, the European Court of Justice (ECJ) decided that the breakdown of an airport´s refueling system constitutes extraordinary…

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Strikes because of an authority´s decision constitute extraordinary circumstances

On 30 June 2022, the district court Schwechat ruled in three cases we are handling for a client that strikes of…

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The relevance of stopovers in connection with the Regulation 261/2004

In February 2022, the European Court of Justice (ECJ) rendered two decisions regarding the relevance of stopovers in connection with jurisdiction…

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New place of jurisdiction for passenger claims in Austria

As of May 1st, 2022, Austrian law provides for a new place of jurisdiction for passenger claims based on Regulation 261/2004….

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What changes of a scheduled departure time qualify as cancellation?

On 21 December 2021 the European Court of Justice (ECJ) rendered two decisions regarding the question whether certain changes of a…

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Compensation payments must be deducted from immaterial and material damages

In one of its rare rulings regarding the Regulation 261/2004, the Austrian Supreme Court decided in the case 4 Ob 177/21i…

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Payments to the credit card account used for the ticket purchase are not sufficient

The regional court Korneuburg decided in the cases 22 R 171/21h, 22 R 196/21k and 22 R 210/21v that while Article…

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