European Court of Justice judgement C-509/11 ÖBB-Personenverkehr (Transport)
Première transmission: 14/03/2013
Luxembourg (town), Luxembourg - Court of Justice of the EC
Fin de production: 14/03/2013
Is the first subparagraph of Article 30(1) of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations, OJ 2007 L 315, p. 14, to be interpreted as meaning that the national body designated responsible for the enforcement of that regulation may prescribe, with binding effect on a railway undertaking whose compensation terms do not conform to the criteria laid down in Article 17 of that regulation, the specific content of the compensation scheme to be used by that railway undertaking although national law permits that body only to declare such compensation terms null and void?
Is Article 17 of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations, OJ 2007 L 315, p. 14, to be interpreted as meaning that a railway undertaking may exclude its obligation to pay compensation of the ticket price in cases of force majeure, either through application by analogy of the grounds for exclusion provided for in Regulations (EC) No 261/2004, (EU) No 1177/2010 and (EU) No 181/2011 or by taking into account the exclusions from liability provided for in Article 32(2) of the Uniform Rules concerning the contract for international carriage of passengers and luggage by rail (CIV, Annex I to the Regulation) also for cases of compensation for the ticket price?
Only the original language version is authentic and it prevails in the event of its differing from the translated versions.
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||SOUNDBITE by Nils Wahl, Advocate General at the Court of Justice reading the opinion of advocate general Niilo Jääskinen in the case C-509/11 ÖBB-Personenverkehr (Transport) (In English)
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