EU executive clears BA, American, Iberia deal

British Airways, American Airlines and Iberia won EU antitrust clearance on Wednesday to deepen their Oneworld alliance on transatlantic routes and better compete with rival groups.

The airlines want to broaden their pact to take advantage of the "Open Skies" agreement between the United States and the European Union, which liberalizes transatlantic aviation.The carriers offered in March to give up a number of lucrative transatlantic slots in a bid to ease competitive concerns by the European Commission.

Source: Reuters

IFTTA Europe: position paper on PTD review online

In a working group chaired by Stephan Keiler and finalised in intensive discussions during the workshop held in Moscow this April, IFTTA Europe has elaborated a position paper on the review of the European Package Travel Directive which was presented to the European Commission at a stakeholders' workshop in Brussels.

This position paper which is focussing on improving legislative technique rather than on merely political issues is now available online here>>.

European Union: airline blacklist updated

The European Commission has updated the list of airlines banned in the European Union to include one carrier from Surinam and to expand the operating restrictions on Iran Air. In addition, two carriers from Indonesia have been removed from the list of banned airlines.

Source: EU Press Release IP/10/892 of July 6, 2010

Updated blacklist available here>>.

Europe: Commission launches campaign to inform passengers about their rights

A Europe-wide publicity campaign in 23 languages launched by the European Commission is meant to provide passengers with easier access to information about their rights when travelling by rail or air. As part of the "Your Passenger Rights At Hand" campaign a website has been launched. Here people are able to find out what their rights are for each of the transport modes.

Source: European Commission Newsroom

European Commission: New strategy for stimulating tourism in Europe

The commission’s tourism development plan features 21 proposals, many aimed at attracting more visitors to Europe from fast-developing countries like China, Russia and Brazil. But it also spells out ways to increase travel within the EU, including greater coordination of school holidays to lengthen the holiday season.

The commission is proposing a label scheme to give recognition to high-quality services. It also plans to establish a charter with criteria for sustainable tourism and award a prize to destinations that meet them. To promote travel and tourism, it will encourage better use of technology – including centralised booking services accessible via mobile phone – and more theme-based tourism (spas, gastronomic excursions, sports vacations, etc.)

The EU also has to put more effort into making tourist sites accessible to people with reduced mobility, along with adjusting services to an older clientele.

Source: European Commission News; find full article here>>.

European Court of Justice: no obligation to reimburse patient for costs of unscheduled hospital care during a temporary stay in another Member State

Following a complaint from a person insured under the Spanish national health system who had had to be admitted to hospital unexpectedly during a stay in France and who, on his return to Spain, was refused reimbursement of the portion of the hospital costs which, in accordance with French legislation, he had been left to pay, the Commission decided to bring action against Spain for failure to fulfil obligations. The Commission maintains that the Spanish legislation is in breach of the principle of freedom to provide services, since it refuses persons insured under the national health system reimbursement for that portion of the costs of care which is not covered by the institution of the Member State of stay. In that way, the effect of the legislation in question is to restrict not only the provision of hospital care, but also the provision of tourist or educational services, the obtaining of which can be the reason for a temporary stay in another Member State.

In its judgment in Case C-211/08 - Commission v Spain, delivered June 15, 2010, the Court of Justice held that the freedom to provide services encompasses the freedom of an insured person established in a Member State to travel – as a tourist or student, for example – to another Member State for a temporary stay and to receive hospital care there from a provider established in that Member State, where the need for such care during that stay arises because of his state of health. Nevertheless, the Court considers that, viewed globally, the Spanish legislation cannot be regarded as restricting the freedom to provide hospital care services, tourist services or educational services.

The fact of imposing on a Member State the obligation to guarantee to persons insured under the national system that the competent institution will provide complementary reimbursement whenever the level of cover applicable in the Member State of stay in respect of the unscheduled hospital treatment in question proves to be lower that that applicable under its own legislation would ultimately undermine the very fabric of the system which Regulation No 1408/71 sought to establish. In every such case, the competent institution of the Member State of affiliation would be systematically exposed to the highest financial burden, whether through the application of the legislation of a Member State of stay under which the level of cover is higher than that provided for under its own or through the application of its own legislation in the contrary situation.

The Court therefore dismissed the action brought by the Commission.

Source: ECJ press release No 56/10 of June 15, 2010

Full text of judgement available here>>.