The Korean Air litigation – Are you nuts?!?

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Everybody who has seen ‘Up in the air’ with George Clooney will know: the frequent traveller likes his/her habits.

No wonder, Ms Heather Cho went completely nuts last year on a Korean Air flight when here macademia nuts were served still in the bag, while first class passengers have the right to have them served on a plate.

Happened to be that Ms Cho was also daughter of the CEO of Korean Air.  Without further notice, she forced the crew to return the plane back to the gate for this serious breach of (first class) aviation law.  And at the same time, she could kick the crew member who served her these nuts off her plane.  As it was more or less indeed HER plane.

Unfortunately for her, Korean Court ruled today there was no serious breach on behalf of the crew but found Ms Cho guilty of forcing the plane to change its route, obstructing the flight captain and forcing a crew member off a plane, resulting in 1 year prison sentence.

I wonder how they serve nuts in prison… if they serve them at all…

David Diris – Belgian lawyer – Kocks & Partners – Brussels

Picture: Bloomberg

5 things you should know about the Brussels I bis Regulation (EU 1215/2012)

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1.  Since 10th January 2015, the new Brussels I bis Regulation (1215/2012) applies on all new cases brought before Court after this date.  Claims and cases already pending on this date, are not affected.

2.  Brussels I bis is more or less an update of the Brussel I Regulation (44/2001) and will therefore sound very familiar to the experienced cross-border litigator

3.  The Italian and Belgian ‘torpedo’s’ are tackled as the Court appointed by a forum clause will have priority to state whether or not it has the necessary competence.  The Belgian and Italian torpedo’s were known tactics to slow down the whole proceedings, as the Courts in both countries only rule concerning their competence at the end (often after several years).  Together with the rule that other Courts had to await the ruling of the Court where the claim was first brought, one could slow down proceedings by bringing a claim before the Italian or Belgian Courts (notwithstanding a forum clause f.e.)

4.  Foreign judgments no longer need an ‘exequatur‘ (domestication) in the Member State where one wants to execute this jugdment

5.  The Brussels I bis Regulation will also apply if 2 parties are both from outside a Member State but appoint a Court of a Member State in their forum clause

David Diris – Belgian lawyer – Kocks & Partners – Brussels