 Welcome<< 1 December 2011 >>
My book Air Passenger Rights is now also sold at Stanfords Bookshop in Covent Garden, London
<< 27 October 2011 >>
Cees van Dam gives a guest lecture at the University of Ottawa on ‘Cultural Diversity and Tort Law’.
In Rodriguez, the European Court clarified that a flight is also cancelled when it takes off and subsequently returns to the airport of departure. The Court confirmed that passengers who did not receive assistance (hotels, meals) can claim reimbursement of the costs incurred or file a claim for non-material damage. >> Air Passenger Rights: EU cases << 6 October 2011 >>
Air & Space Law published Cees van Dam's article ‘Air Passenger Rights after Sturgeon’. In this article, he concludes that the European Court will confirm its decision in Sturgeon because the decision is compatible with both the Montreal Convention and the Grand Chamber decision in IATA. This conclusion is in line with the opinion he published on this website in January 2010.
<< 19 September 2011 >>
The American Society of International Law (ASIL) published Cees van Dam’s Insight on the decision of the Court of Appeal in The Hague about liability of the Dutch State for the killing of three Bosnian men in Srebrenica in 1995. >> American Society of International Law Three preliminary questions added to the cases pending before the European Court on EU Regulation 261/2004.
>> Air Passenger Rights: Pending EU Cases << 30 June 2011 >> Cees van Dam published a guide for travellers on Air Passenger Rights. The book that easily fits in your hand luggage can be ordered at Amazon. >> More about the Air Passenger Rights Book << 6 June 2011 >> Cees van Dam updated his new App on Air Passenger Rights. It is available for iPhone and iPad and can be downloaded in the App Store. >> More about the Air Passenger Rights App << 28 April 2011 >> Cees van Dam gave the keynote speech at the 10th Annual Conference on European Tort Law in Vienna. The title of his speech was ‘Tort Law and Human Rights: Brothers in Arms?’ 10th Annual Conference on European Tort Law << 21 April 2011 >> Cees van Dam launched his new App on Air Passenger Rights. It is available for iPhone and iPad and can be downloaded in the App Store - for the time being for free. << 9 January 2011 >> A survey shows that most airlines do not treat passengers’ claims fairly. Nothing new about that. Here is just another example of how airlines work - and of how they can be encouraged to pay.
<< 18 November 2010 >> Cees van Dam spoke in London at a BIICL event on ‘Passengers’ Rights in the EU: Sturgeon and the Member States’. Discussing the UK High Court’s reference to the European Court concerning the application of Sturgeon, he concluded that the European Court would either declare this reference inadmissible or declare the reference admissible and confirm its Sturgeon case law.
<< 28-29 September 2010>> Cees van Dam spoke at the Conference on Legal Remedies for Human Rights Abuse involving corporations. The (invitation only) conference is organised by the International Commission of Jurists (ICJ) in Geneva. In 2008, Cees van Dam acted as advisor to the ICJ's Expert Legal Panel on Corporate Complicity in International Crimes. << 14 July 2010 >> Dutch courts once again confirm that the Sturgeon decision of the European Court of Justice must be followed and that passengers are entitled to compensation if their flight has a delay of over three hours dismissing all arguments put forward by the airlines. In a case before the The Hague District Court TUI/ArkeFly were represented by Van Traa Advocaten submitting opinions by Professor Francis Jacobs (former Advocate-General European Court of Justice and Visiting Professor King's College London), David Anderson QC (Brick Court Chambers and Visiting Professor King's College London) and Herbert Smith. EUclaim was represented by law firm De Bont en Bos which basing its submissions on opinions by Professor Cees van Dam (Visiting Professor King's College London). << 1 July 2010 >> An updated version of Cees van Dam's list of publications is now available for download. << 15 April 2010 >> Just like the German Bundesgerichtshof (18 February 2010) the Handelsgericht in Vienna also follows the decision of the Europan Court of Justice in Sturgeon (19 November 2009) granting compensation to delayed passengers. << 14 April 2010 >> Cees van Dam was keynote speaker at the TLP Conference 'Human Rights in the Corporate World' in Utrecht. << 15 March 2010 >> British Airways cabin crew has announced it will strike on 20-22 and 27-30 March. What are your passenger rights if your flight is cancelled because of the strike? British Airways Strike: What Are Your Rights? << 18 February 2010 >> The German Bundesgerichtshof (German Federal Court) decides in line with the Sturgeon-decision of the European Court of Justice of 19 November 2009 that passengers with a delay of three hours or more are entitled to compensation. The BGH dismisses the arguments raised by the airlines. Cees van Dam predicted this decision in his opinion of 25 January 2010. << 25 January 2010 >> After the Sturgeon judgment of the European Court of Justice of 19 November 2009 airlines refuse to pay compensation to passengers with a delay of three hours or more. Cees van Dam makes clear that their arguments are unfounded.
<< 18 December 2009 >> Comment on the European Court's decision of 19 November 2009 (see below) regarding passengers' rights in case of delay. >> Airlines Once Again Bite the Dust Before the European Court
<< 16 December 2009 >> The Joint Committee on Human Rights of the House of Lords and the House of Commons publishes its report 'Any of our business? Human rights and the
<< 15 December 2009 >> The European Commission launches a public consultation regarding the future of air passengers rights.
<< 7 and 8 December 2009 >> Cees van Dam spoke at the World Legal Forum at the Peace Palace in The Hague on Business and Human Rights.
<< 19 November 2009 >> In a spectacular decision the >> Airlines Once Again Bite the Dust Before the European Court
<< 5 August 2009 >> The King's Law Journal published Cees van Dam's paper 'Who is Afraid of Diversity? Cultural Diversity, European Co-Operation, and European Tort Law'.
<< 9 July 2009 >> The European Court of Justice decided that passengers may bring their claim for compensation in case of cancellation of their flight before the court of the place of departure or arrival of the aircraft. << 10 June 2009 >> Follow up of 12 May 2009: Dexia announces that it will no longer finance Israeli settlements in the occupied Palestinian territories through its branch, Dexia Israel. << 12 May 2009 >> The Israeli subsidiary of the Belgian Dexia bank finances Israeli settlements on the West Bank. Cees van Dam argues that Dexia is directly involved in human rights violations as these settlements violate international law.
<< 30 April 2009 >> Cees van Dam answers a call for evidence by the UK Parliament's Joint Committee on Human Rights regarding business and human rights.
<< 23 April 2009 >> The Unfair Commercial Practices Directive (2005/29/EC) must be interpreted as precluding national legislation, which without taking account of the specific circumstances, imposes a general prohibition of combined offers made by a vendor to a consumer. >> Unfair Commercial Practices << 22 December 2008 >> The ECJ holds that Article 5(3) of Regulation (EC) No 261/2004 on compensation in the event of denied boarding and of cancellation or long delay of flights means that a technical problem in an aircraft is not covered by the concept of 'extraordinary circumstances' within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.
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