Taking The Airlines To Court
Comments
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Okay - this is a slightly nerdy question. But do you know whether the Advocate General ever issued a legal opinion on Wallentin? I've read the opinions on Sturgeon - but can only find the Wallentin judgement.
Mind you, there's enough good stuff in there (both on the circumstances in which technical defects can become extraordinary, and on what constitutes a reasonable effort by the airline) to demolish every airline defence/reply I've seen so far.:D0 -
Follow the Wallentin link in the FAQ's Vauban, and the narrative at the start goes:
In Case C‑549/07,
REFERENCE for a preliminary ruling under Article 234 EC from the Handelsgericht Wien (Austria), made by decision of 30 October 2007, received at the Court on 11 December 2007, in the proceedings
Friederike Wallentin-Hermann
v
Alitalia – Linee Aeree Italiane SpA,
THE COURT (Fourth Chamber),
composed of K. Lenaerts, President of the Chamber, T. von Danwitz, E. Juh!sz, G. Arestis and J. Malenovský (Rapporteur), Judges,
Advocate General: E. Sharpston,
Registrar: R. Grass,
having regard to the written procedure,
after considering the observations submitted on behalf of:
– Mrs Wallentin-Hermann, by herself, Rechtsanwältin,
– Alitalia – Linee Aeree Italiane SpA, by O. Borodajkewycz, Rechtsanwalt,
– the Austrian Government, by E. Riedl, acting as Agent,
– the Greek Government, by S. Chala and D. Tsagkaraki, acting as Agents,
– the Polish Government, by M. Dowgielewicz, acting as Agent,
– the Portuguese Government, by L. Fernandes, acting as Agent,
– the United Kingdom Government, by C. Gibbs, acting as Agent, and D. Beard, Barrister,
– the Commission of the European Communities, by R. Vidal Puig and M. Vollkommer, acting as Agents,
having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,
gives the following
Judgment
Which I take to mean that the AG told them to proceed to judgement without (his) opinion.0 -
Mark2spark wrote: »Follow the Wallentin link in the FAQ's Vauban, and the narrative at the start ...
Which I take to mean that the AG told them to proceed to judgement without (his) opinion.
Which explains why I can't find it - thanks Mark!0 -
"A Flock of Sheep" suggested we collate a list of those currently taking legal action against the airlines, including court dates, etc. I think this is a great idea, particularly as many of us seem now to have commenced legal action. If others agree, I'm happy to maintain this list in the first post, like Mark2Spark did for the Monarch flights.
It doesn't need to be anything too fancy: the username, airline, stage of the proceedings/court date, and outcome, I think. Any thoughts?
And could/should we make it a sticky? And if so, how?0 -
"A Flock of Sheep" suggested we collate a list of those currently taking legal action against the airlines, including court dates, etc. I think this is a great idea, particularly as many of us seem now to have commenced legal action. If others agree, I'm happy to maintain this list in the first post, like Mark2Spark did for the Monarch flights.
It doesn't need to be anything too fancy: the username, airline, stage of the proceedings/court date, and outcome, I think. Any thoughts?
And could/should we make it a sticky? And if so, how?
Good idea to start another thread, would also let others know what to expect0 -
I am about to start a claim against Thomson. Which court would the case be heard at if it went all the way? would it be my local court or a court local to Thomson head office?0
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I am bumping this back up.
But this is also an opportunity to express slight frustration with the slowness of process.
Having initiated MCOL, I submitted my allocation questionnaire at the end of March. I ticked the box for mediation, as one is generally advised to do. But I have heard nothing since. I range the Court last week, who confirmed that both sides' questionnaires had been received and that the papers had been transfered to the mediation service in mid-April. But they had no contact details of the service concerned, and couldn't advise my how long it would be before the people got it touch. A bit frustrating, to be honest.
Anyhow, I've been working on my "particulars of claim" witness statement in the meantime, so it's not been time wasted I suppose.0 -
All done- thanks for the help - Claim has now been raised via MCOL... will wait and see!0
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Been working on mine too. Hard work and A LOT of time!!!I am bumping this back up.
But this is also an opportunity to express slight frustration with the slowness of process.
Having initiated MCOL, I submitted my allocation questionnaire at the end of March. I ticked the box for mediation, as one is generally advised to do. But I have heard nothing since. I range the Court last week, who confirmed that both sides' questionnaires had been received and that the papers had been transfered to the mediation service in mid-April. But they had no contact details of the service concerned, and couldn't advise my how long it would be before the people got it touch. A bit frustrating, to be honest.
Anyhow, I've been working on my "particulars of claim" witness statement in the meantime, so it's not been time wasted I suppose.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
This morning I rang the MCOL Northamptonshire Court again who this time were able to give me a contact number for the Small Claims Mediation Service (note: 0161 7434012).
Unfortunately, it transpires that their sysytems did not have the telphone contact details for either Monarch or myself, so nothing has actually been set up. And as they are on a strict timetable, the court papers will now apparently be allocated to my local court for a date to be set.
I suppose I am not too fussed - I was sceptical about the value of mediation, given others' reports of how Monarch have approached this (ie offering to refund court fees if the claimant dropped the case). And it's good that the process, which had clearly stalled, is now moving again. But frankly it does seem that they basically wasted a month to no effect!0
This discussion has been closed.
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