Browsing Tag Court of Justice
Air transport. The Court of Justice rules on the right to reimbursement in case of a repatriation flight organised by a Member State in the context of consular assistance
A passenger who, following the cancellation of his or her return flight, registers himself or herself for a repatriation flight organised by a Member State in the context of consular assistance, and who is required to pay on that basis to that State a compulsory contribution to costs, does not have a right to reimbursement of those costs at the expense of the operating air carrier according to Regulation 261/2004
Road transport. The Court of Justice rules on the national legislation permitting the transfer of criminal liability for serious infringements regarding the driving time and rest periods of drivers
Article 22 of Regulation 1071/2009 precludes a national law pursuant to which a person that incurs criminal responsibility for infringements committed within a road transport undertaking and whose conduct is taken into account for the purpose of assessing the good repute of that undertaking may designate a person as an agent responsible for compliance with the provisions of European law concerning the driving time and rest periods of drivers, thereby transferring to that person criminal responsibility for infringements of those provisions, where the national law does not permit those infringements to be taken into account for the purpose of assessing whether that undertaking meets the requirement of good repute
Insurance against civil liability in respect of the use of motor vehicles. The Court of Justice rules on the possibility of making the payment of compensation subject to certain conditions
Article 18 of Directive 2009/103/EC precludes rules for the calculation of the monetary compensation and conditions relating to its payment, in so far as they would have the effect, in the context of a direct action, of excluding or limiting the insurer’s obligation to cover all the compensation which the person responsible must provide to the injured party in respect of the damage he/she suffered