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CJUE confirms that damage to an aircraft tyre by a screw lying on an airport runway is an extraordinary circumstance under Regulation (EC) No 261/2004

CJUE confirms that damage to an aircraft tyre by a screw lying on an airport runway is an extraordinary circumstance under Regulation (EC) No 261/2004

On 4 April 2019, the Court of Justice of the European Union (CJUE) handed down its judgment in Germanwings GmbH v Wolfgang Pauels (C-501/17), ruling that damage to an aircraft tyre caused by a screw lying on an airport runway falls within the notion of “extraordinary circumstances” within the meaning ... Read More »

Aviation: Belgian Supreme Court confirms that under the Brussels I Regulation (Recast) the substantive validity of a choice of jurisdiction clause must be assessed under the law of the chosen Member State

Aviation: Belgian Supreme Court confirms that under the Brussels I Regulation (Recast) the substantive validity of a choice of jurisdiction clause must be assessed under the law of the chosen Member State

On 8 February 2018, the Belgian Supreme Court (Court of Cassation) annulled a judgement of the Dutch speaking Commercial Court of Brussels which had assessed the substantive validity of a choice of jurisdiction clause under Belgian law rather than under the law of the Member State designed by the clause. ... Read More »

Drones:  current rules in Belgium

Drones: current rules in Belgium

Gatwick airport was recently forced to close its runways because of suspected drones entering the airspace. This incident led to the cancellations of hundreds of flights. A few days later, Santa Claus put drones under the Christmas tree of thousands of families. These events serve as a reminder of the ... Read More »

EU261/2004: Why are so many requests for preliminary rulings pending before the CJEU?

EU261/2004: Why are so many requests for preliminary rulings pending before the CJEU?

In the last few years the Court of Justice of the European Union has frequently been asked to issue preliminary rulings on the concept of “extraordinary circumstances” which figures in Flight Compensation Regulation No 261/2004 (“Regulation EU261”). Article 5.3 of Regulation EU261 provides that an air carrier is to be ... Read More »

German Exporters: How To Control US Product Liability Risk

German Exporters: How To Control US Product Liability Risk

We frequently hear about product liability lawsuits before US courts in the media, but only the most bizarre and drastic cases seem to make the headlines. These are cases in which, for instance, plaintiffs claim enormous amounts of damages compensation. What happened? A particularly interesting and recent case is the ... Read More »

The Trucking Industry Absorbs yet another blow at the hand of the California Supreme Court

The Trucking Industry Absorbs yet another blow at the hand of the California Supreme Court

Many California courts, politicians and regulators seem intent on attacking trucking and transportation companies. The California Supreme Court ‘s April 30, 2018 Dynamex Operations West Inc. v. Superior Court (Case No. S222732) decision is the latest example of this assault on the industry. Much has already written about this decision ... Read More »

Reliance on extraordinary circumstances by air carrier succeeds

Reliance on extraordinary circumstances by air carrier succeeds

Passengers are entitled to compensation in case of long delays or cancellation of a flight. European Regulation 261/2004 (hereinafter: the Regulation) determines what amount should be compensated. An air carrier does not have to pay compensation in case extraordinary circumstances occurred and the air carrier could not have prevented these ... Read More »

Hazmat in the Mailroom?

Hazmat in the Mailroom?

An east coast household products manufacturing company received an emergency request from their sales team to have access to a sample of the latest formulation of mouthwash to present at a morning meeting with a large California based big box store customer. Given the importance of the customer, the COO ... Read More »

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