Aviation News

Russia Sanctions

Russia Sanctions: Mandatory “No Re-Export to Russia”-Clause

For several years, it has been crucial for individuals active in the aviation sector to be familiar with the sanctions imposed...
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The legal basis and the transferability of passenger rights

The legal basis and the transferability of passenger rights

The European Court of Justice (ECJ) ruled in case C-11/23 that the entitlement to compensation for flight cancellations stems directly from...
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Urteil zu ABB

Ruling on the GCC of a Hungarian Airline

The Austrian Supreme Court recently issued a new ruling (4 Ob 222/22h) on the General Conditions of Carriage (GCC) of a...
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The necessity to suffer a loss of time to receive compensation

The necessity to suffer a loss of time to receive compensation

In its recent rulings on cases C-474/22 and C-54/23, the European Court of Justice (ECJ) clarified that passengers are not entitled...
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Denied Boardings

Recent court practice on denied boardings

On 26 October 2023, the European Court of Justice (ECJ) issued a new ruling on the interpretation of Articles 4 and...
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First aid as accident under the Montreal Convention

First aid as accident under the Montreal Convention

In its ruling C-510/21 on 6 July 2023, the European Court of Justice (ECJ) decided that inadequate first aid on board...
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Agency Fees

Agency fees: Austrian court practice on reimbursements

According to Article 8 of Regulation 261/2004, passengers have the right to choose between reimbursement of the full cost of the...
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Re-routing obligations

Re-routing Obligations of Airlines in Austria

According to Article 5 (3) of Regulation 261/2004, operating air carriers are not required to make compensation payments to passengers if…

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Repatriation Flights

Repatriation Flights

The height of the COVID-19 pandemic and the travel bans related thereto forced numerous airlines to cancel their flights and left...
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Unexpected absence of a crew member

In its ruling in joined cases C-156/22 to C-158/22 the European Court of Justice (ECJ) decided that the unexpected absence of...
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Strikes in Europe as extraordinary circumstances

Strikes in Europe as extraordinary circumstances

The aviation sector in Europe is currently experiencing a substantial number of strikes. There are nationwide protests in France due to…

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Aviation Fuel Tax in Austria

Aviation Fuel Tax in Austria

The Aviation Team of Weisenheimer Legal has recently secured a business jet operator’s right to tax-free use of aviation fuel in…

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The Hague Court of Arbitration for Aviation

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 Austria

Lexology GTDT: Air Transport in Austria

We are happy to share that our Aviation Team was chosen to author the chapter on Air Transport in Austria in…

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Air carrier liability for psychological injuries

Air carrier liability for psychological injuries

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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Consequences of a travel agency´s actions for air carriers

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 of a travel agency´s…

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Legal fees and no-reply email addresses

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

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

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 constitute…

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Stopovers and the Regulation 261/2004

Stopovers and 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

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 in Austria based on…

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Changes of scheduled departure times as cancellations

Changes of scheduled departure times as cancellations

On 21 December 2021 the European Court of Justice (ECJ) rendered two decisions regarding the question if and under which circumstances…

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Compensation payments must be deducted

Compensation payments must be deducted

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 accound are not sufficient

Payments to the credit card account 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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No-Show Clauses in Austria

Is there a future for No-Show Clauses in Austria?

Over the last years, consumer protection agencies throughout the European Union have made continued efforts to prevent the use of so…

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