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Case reviews

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18 May 2017
Soon after its bird-strike decision, the Court of Justice of the European Union (CJEU) issued yet another decision regarding the interpretation of EU Regulation 261/2004 that deals with the rights of passengers in cases of cancellation, delay and denied boarding.
10 May 2017
The European Court of Justice (ECJ) has ruled in Marcela Pešková & Jiří Peška v Travel Service [04.05.17] that, in the context of EC Regulation 261/2004 (the Regulation), a collision between an aircraft and a bird is an “extraordinary circumstance”, which may exempt the carrier from its obligation to pay compensation.
27 September 2016
TalkTalk unsuccessfully appealed against a fixed monetary penalty notice of £1,000, for failing to notify the Information Commissioner’s Office (ICO) of a personal data breach within 24 hours of detection of the breach, as required by the Privacy and Electronic Communications Regulations 2003 (PECR) and the Notification Regulation (611/2013).
16 May 2016
European Court of Justice (ECJ) decides that claims handling services provided by Polish outsourcing company are not exempt from VAT; decision may have considerable consequences for insurers and outsourcing companies.
10 May 2016
The High Court has recently rendered an interesting judgment in a case which has implications for claims for compensation under Regulation 261/2004. The Court found that Regulation 261/2004 did not apply where passengers did not have a confirmed reservation when they presented for check-in.
28 April 2016
The Court of Justice of the European Union (CJEU) ruled that the Montreal Convention must be interpreted as meaning that an air carrier which has concluded a contract of international carriage with an employer of persons carried as passengers is liable to that employer for damage occasioned by a delay.
10 February 2016
What is your employee getting app to? The recent case of the European Court of Human Rights (ECHR) concerned Bărbulescu’s dismissal by his employer for using the internet for personal communication during working hours, in breach of the company’s internet usage policy. The ECHR found that Bărbulescu’s right to private life and correspondence had been engaged but that his employer’s monitoring of his communications had been reasonable in the context of dismissal proceedings.
23 October 2015
On 6 October 2015, the European Court of Justice (ECJ) ruled that the Safe Harbour Agreement, allowing transfers of personal data between the EU and the US, is invalid.
10 December 2014
The European Court of Justice ruled that mobile stairs colliding with an aircraft does not constitute “extraordinary circumstances” within the meaning of Article 5 (3) the Regulation 261/2004 on passenger rights.
9 September 2014
The European Court of Justice (ECJ) ruled that Articles 2, 5 and 7 of Regulation (EC) No 261/2004 must be interpreted as meaning that the concept of ‘arrival time’ refers to the time at which at least one of the doors of the aircraft is opened.
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