China lifts ban on tourists with STD, HIV and leprosy

As Shanghai prepares to host the world exposition, China has lifted a two-decade ban on travel to the country by people who carry the virus that causes AIDS or who have other sexually transmitted diseases or leprosy. The ban on travel is now officially limited only to people with infectious tuberculosis, serious mental disorders and “infectious diseases which could possibly greatly harm the public health.”

Source: The New York Times; find article here>>.

Austria: no liability for depressive mood following massive flight delay

Plaintiff had booked a package tour to Turkey together with his wife and their two children. Because of technical problems, the outward flight to Turkey was delayed for 26 hrs. Plaintiff claimed that because of a depressive psychosis he was suffering from, the fligth delay had caused a depressive mood which had prevented him from enjoying his holidays. Even his wife had not been able to enjoy the holidays as she had to look after him. Both of them had hardly left the hotel room.

Back home in Austria he sued for compensation for loss of holiday enjoyment and some minor expenses he had had becuase of the flight delay.

Upon defendant's appeal Regional Court (Landesgericht Innsbruck) in judgement 2 R 170/09b of June 19, 2009 for the most part dismissed the claim: plaintiff had not mentioned his disease when booking the package tour and same had not been offered as being specifically suitable for mentally ill persons. The depressive mood therfore could not be regarded an adequate consequence of the flight delay. Plaintiff also had failed to explain why he needed specific care.

Czech airline takes legal action against U.S. tuberculosis patient

The Czech state run airline CSA said Thursday it was taking legal action against an American tuberculosis patient who set off an international health scare. CSA spokeswoman Daniela Hupakova said the airline filed a criminal complaint on May 31 on suspicion of spreading an infectious disease. In the Czech Republic, the charges carry a maximum three-year prison term.

Source: www.pr-inside.com. Read full article here.

New airline tax for health care to poor countries

Nineteen states including include Brazil, Britain, Chile, Cambodia, Cameroon, Congo, Cyprus, France, Gabon, Guinea, Ivory Coast, Jordan, Luxembourg, Madagascar, Mali, Mauritius, Nicaragua, Norway and South Korea are committed to levying a tax on airline tickets as part of a new way to treat people in poor countries for AIDS, tuberculosis and malaria under a program called UNITAID which brings together countries, U.N. agencies, international organizations and others to tackle some of the world's worst diseases. UNITAID plans initially to spend €50 million (US$63 million) this year and about €300 million next year to give 100,000 children access to anti-retroviral treatment and 150,000 children treatment against tuberculosis.
Further details here.

Increasing The Cases In Which Damages Resulting From Food Poisoning Are Recovered

There is an incresing number of Spanish cases in which restaurants are found liable by the Courts because of serving unsafe food. When a person becomes ill after ingesting contaminated food, he/she can be compensated for the damage. In some cases victims also receive a compensation for mental distress, particularly when foodborne illness occurs in a wedding banquet (e.g SAP Asturias, 14-10-2004, Sección 7ª, AC 20042040; SAP Álava, 14-5-2004, Sección 2ª, JUR 2004279526; SAP Granada, 2-2-2004, Sección 4ª, JUR 2004102397; SAP Burgos, 8-7-2003, Sección 2ª, JUR 200446581; SAP Salamanca, 19-6-2002 Sección Única, JUR 2002193204; SAP Murcia, 4ª 2-11-2001, JUR 200240201; SAP Las Palmas, 9-7-2001, Sección 3ª, JUR 200229831; SAP Burgos, 29-3-2001, Sección 2ª, JUR 2001141464)

(Originally posted by Josep M. Bech Serrat)