Browsing Tag Court of Justice
Insurance against civil liability in respect of the use of motor vehicles. The Court of Justice rules on the burden of proof in relation to the injured party’s knowledge of the theft of a vehicle
It is for the body specified in Article 10(1) of Directive 2009/103/EC to prove, in order to discharge itself from its obligation to pay compensation, that, in the event of a road traffic accident, the injured party who voluntarily entered the vehicle which caused the damage or injury knew that it was stolen
Air transport. The Court of Justice rules on passengers travelling free of charge or at a reduced fare not available, directly or indirectly, to the public
A passenger is not regarded as travelling free of charge or at a reduced fare not available directly or indirectly to the public, within the meaning of Regulation (EC) No 261/2004, where, first, the tour operator pays the price of the flight to the operating air carrier in accordance with market conditions and, secondly, the price of the package tour is paid to that tour operator not by that passenger but by a third party
The Court of Justice rules on the imposition of a flat-rate fine for all offences under the rules on the obligation to make prior payment of the toll for use of a road infrastructure
The requirement of proportionality according to Directive 1999/62/EC precludes a system of penalties that provides for the imposition of a flat-rate fine or financial penalty for all offences, whatever their nature and gravity, under the rules on the obligation to make prior payment of the toll for use of a road infrastructure, including where that system provides for the possibility of being exempted from administrative criminal liability by paying a flat-rate redress charge
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