Cees van Dam

Professor Cees van Dam is an independent legal consultant.

He teaches English and Comparative Tort Law at King's College London,

European Comparative Law at Queen Mary, University of London

and is Honorary Professor at Utrecht University.

 

His main areas of expertise are European and Comparative Tort Law, Business and Human RightsUnfair Commercial Practices, Passengers' rights, Regulation, Cultural Diversity and Dutch law.

                                     

 

 

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Cees van Dam

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Updates


<< 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).

>> Passenger Rights


<< 1 July 2010 >>

An updated version of Cees van Dam's list of publications is now available for download.

List of publications


<< 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.

Passenger Rights


<< 14 April 2010 >>

Cees van Dam was keynote speaker at the TLP Conference 'Human Rights in the Corporate World' in Utrecht.

Business and Human Rights


<< 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.

Passenger Rights


<< 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.

>> Passenger Rights

 

<< 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

>> Passenger Rights

 

<< 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 UK private sector'. The Report refers, inter alia, to Cees van Dam's submission dd. 30 April 2009.

>> Business and Human Rights

 

<< 15 December 2009 >>

The European Commission launches a public consultation regarding the future of air passengers rights.

>> Passenger 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.

>> World Legal Forum

 

<< 19 November 2009 >>

In a spectacular decision the European Court has ruled that passengers of flights with a delay of three hours of more have, in principle, a right to compensation.

>> Passenger Rights

>> 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'.

>> Cultural Diversity

 

<< 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.

>> Passenger Rights

 

<< 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.

>> Business and Human Rights

<< 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.

>> Business and Human Rights

 << 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.

>> 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.

Decision

 




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