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aviation

The Court of Justice rules on the case where, despite passengers were informed in advance of the denied boarding, the flight was nonetheless carried out as originally planned

An air passenger who, in the context of a package tour, had a confirmed reservation for a flight may seek compensation from the operating air carrier as provided by Regulation (EC) No 261/2004 where the operator of that tour, without informing the latter in advance, notified that passenger that the flight would not be performed, whereas it was operated as originally planned

road transport

Road transport. The Court of Justice rules on the concept of “employer’s operational centre where the driver is normally based”

The concept of “employer’s operational centre where the driver is normally based” designates a place from which the driver concerned usually carries out his or her shift and to which he or she returns at the end of that shift, in the normal exercise of his or her functions and without complying with specific instructions from his or her employer in that regard

road transport

The Court of Justice rules on the national legislation providing that the nullity of an insurance contract may be invoked against a “passenger victim” where it results from an intentional false statement made by that person when the contract was concluded

Directive 2009/103/EC precludes a national legislation under which it is possible to invoke against a passenger of a vehicle involved in a road traffic accident, who is a victim, and where he or she is also the policyholder, the nullity of the contract of insurance against civil liability in respect of the use of motor vehicles resulting from his/her false statement made in concluding that contract as regards the identity of the usual driver of the vehicle concerned

aviation

The Court of Justice rules on the possibility of considering as an “extraordinary circumstance” the detection of a hidden design defect in an aircraft’s engine, even when the air carrier had been informed in advance of its existence

The detection of a hidden defect in the design of the engine of an aircraft which is to operate a flight is covered by the concept of “extraordinary circumstances” within the meaning of Regulation No 261/2004 even where the engine manufacturer had informed the air carrier of its existence several months before the flight concerned

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