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New Tendencies in EU Law on Air Passenger Rights
1-9Views:118egulation (EC) No 261/2004 depending on the circumstances of the travel disruption, requires air carriers to: provide passengers with assistance, such as meals, refreshments, telephone calls and hotel accommodation; offer re-routing and refunds; pay a flat-rate compensation of up to €600 per passenger, depending on the flight distance; and proactively inform passengers about their rights.
Under the Montreal Convention (as translated by Regulation (EC) No 2027/97 into EU law), a passenger may be entitled to compensation in case of mishandled baggage (but with a limit of about €1200), except if the airline can demonstrate it has taken all reasonable measures to avoid the damages or it was impossible to take such measures. Airlines often fail to offer passengers the rights to which they are entitled in instances of denied boarding, long delays, cancellations or mishandled baggage, in particular under Regulation (EC) No 261/2004 ("the Regulation") and Regulation (EC) No 2027/97. Case law has had a decisive impact on the interpretation of the Regulation. The Commission Communication of 11 April 2011 reported on the varying interpretation being taken on the provisions of Regulation (EC) No 261/2004, due to grey zones and gaps in the current text, and the non-uniform enforcement across Member States. Furthermore, it is difficult for passengers to enforce their individual rights. With regard to Regulation (EC) No 261/2004, the European Parliament asks the Commission to propose a clarification of the passengers' rights, in particular the notion of ‘extraordinary circumstances’. On 13 March 2013, the European Commission made a proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing
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common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air. This paper takes a closer look at this proposal. The proposal aims to improve enforcement by clarifying key principles and implicit passenger rights that have given rise to many disputes between airlines and passengers in the past; and by enhancing and better coordinating the enforcement policies carried out on a national level. Issues covered by the proposal are the following.Definition of "extraordinary circumstances"
Right to compensation in case of long delays
Right to rerouting
Right to care
Missed connecting flight
Rescheduling Tarmac delays
Partial ban of the "no show" policy
Right to information
Handling of individual claims and complaints
Better take into account the financial capacities of the air carriers
Ensure better enforcement of passenger rights with regard to mishandled baggage
Adapt liability limits in accordance to general price inflation
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The interaction of Continental and Anglo-Saxon legal system in the light of the FIDIC Yellow Book
49-64Views:55The so-called FIDIC Books made by the International Federation of Consulting Engineers provides different contract samples for construction projects, depending on the type of the project, with the primary aim of summarising best practice and proportionate risk-sharing. FIDIC Books are considered to be the most popular body of law worldwide in connection with construction projects. The Yellow Book is the second most commonly used contract sample, the essence of which is that the contractor’s obligation covers both planning and building. The Yellow Book applies the legal principles and legal institutions of the Anglo-Saxon legal system, which implies that the application of the contract sample in a continental legal context raises several problems regarding to interpretation and application. After an introduction to the interpretation of the Yellow Book in the continental legal context, the study deals with the question of the contractor's liability for damages arising from delay. The author focuses on cases where the delay of the contractor is caused by the principal. In this context, the author outlines a concrete proposal for the application of the law.