Consumer Protection

The dishes reinforce the protection of consumers in the event of flight delays. Hamburg, 08.08.2012 – the courts will further strengthen the protection of consumers in the event of flight delays. “Already fixed on the basis of previous case-law, that consumers in the case of so-called big delays” (more than 3 hours later arrival) have a claim to compensation under Regulation (EC) No 261 / 2004. The compensation amounts to at least EUR 250 per person and can rise up to EUR 600. Since no payment obligation, if the delay is due to an exceptional circumstance, airlines in the past have tried repeatedly to lead technical deficiencies of the aircraft, to liberate themselves from the compensation payment.

The case law is not followed. So the Amtsgericht Russelsheim the airline Condor has condemned despite a defect to the compensatory payment (case No. 3 C-752/11 judgment of the 08.11.2011,); Since then, Condor has acknowledged numerous claims before the Amtsgericht Russelsheim (E.g. 3 C-823/11 and 3 C) 2662/11). The airline Air Berlin has can also occur up to a trial at the District Court of Charlottenburg, where she has accepted the demands (E.g. 231 C-55/12 or 208 C 23/12). Similarly, Delta acted in proceedings in the District Court of Nurtingen (12 C 1006/12). The District Court of Hanover has the ruling of the 05.06.2012, AZ.

415 C 603/12, to the detriment of the airline TUIfly decided. This decision confirms that technical defects of the aircraft are by no means exceptional, but among the normal risk of an airline. Lawyer Henning Stoffregen, who has represented the passengers against airlines, explained this: flight delays mean a major annoyance for passengers. Learn more on the subject from דובי אמיתי. Even more annoying, if airlines authorize the is rapidly regulate claims it forcing passengers in court proceedings. The decisions of the courts show that it is worth for the passengers to remain persistent. After all, compensation in comparison to the actual airfare is usually significantly and the airlines must pay if they lose the court proceedings, the cost.” DIEKMANN lawyers DIEKMANN is a Hamburg-based firm of five lawyers, which is focused on all areas of national and international commercial law, in particular of capital market law, company law, intellectual property, European law and of the related tax issues lawyers.

Consumer Information Act

Details of violations of the food and feed law the consumer information Act (VIG) grants any”a comprehensive access to information on violations against the food and feed law books, but also about marking, origin, condition, use and manufacture or handle food, animal feed, cosmetics or utensils. The most important for companies limit of this information claim of each is anchored in 2 sentence 1 No. 2 c VIG. Then the access to information not entitled to pursuant to section 1 of the VIG due to conflicting private interests, as far as would be revealed by the coveted information business or trade secrets or other competition-related information which are comparable in their significance for the running of a business or trade secret. All business-related facts, circumstances and processes be understood as operating and business secrets, which are not obvious.

but only a limited group of persons are accessible and whose non-proliferation of legal entity, has a legitimate interest (BVerfG, decision by the 14.03.2006, ref.: 1 BvR 2087/03, 1 BvR 211/03). “A legitimate privacy interest 2 sentence 3 can oppose however VIG, what not under an in 2 sentence 1 No. 2 c called VIG industrial or business secret according to 1 para 1 sentence 1 No. 1 VIG fall information, we mean violations” against the food and feed code (LFGB), against the legal regulations adopted on the basis of the food and feed law book and directly applicable European Community act within the scope of the food and feed law book, as well as measures and decisions, which are made in connection with such violations. The VIG defines itself not the notion of violation”, but only can be considered our opinion violation, which was finally determined by a court as such. Even if you the would be different, not any violation can justify a release of information to third parties. Violations of law may be subject to the confidentiality interest according to the jurisprudence of the Constitutional Court, Federal Administrative Court, as well as the vast literary opinion? Always the case decides the result. If you are faced as a company with a right to such information, we recommend a careful review of all defense options. See more non-binding and free around the food and health law.