The Ryanair subsidiary Laudamotion, which is in the process of closing, conceded another legal defeat before the Supreme Court. The Austrian Supreme Court prohibits the company from using the so-called "Ireland Clause" in the General Conditions of Carriage.

The decision coincides with the Judging two German courtswhich were also issued on the basis of the controversial clause. In Austria there is now a decision by the highest court. The Association for Consumer Information had sued on behalf of the Ministry of Social Affairs.

With legal defeats, Laudamotion should by now have a lot of experience, because at the beginning of the year The Supreme Court tipped both the check-in fee in the amount of 55 euros as well as another clause in favor of Irish law. In the last few weeks the carrier was defeated several times before the Korneuburg regional court: The The works council was confirmed in its function by a court, the Dismissals by pregnant employees were collected in court and the Schwechat District Court grumbled at the company hefty fine because an injunction in favor of the chairman of the works council was disregarded.

In the current case, the VKI led the instance to the Supreme Court. A clause stipulated that all disputes must be resolved with laudamotion in Irish courts. The Supreme Court suspended the proceedings on this jurisdiction clause and placed the Question of admissibility to the European Court of Justice (ECJ) for decision. However, the ECJ did not come to a decision, as Laudamotion recognized the inadmissibility of this clause in September 2020. As a result, the Supreme Court has now declared that Laudamotion may no longer use this clause and may not invoke this clause in relation to consumers.

"Laudamotion GmbH has already changed its terms and conditions in this regard and deleted this clause for business dealings with consumers," says Beate Gelbmann, head of the complaints department at the VKI, explaining the result of the proceedings. "Consumers can be sure that they can bring lawsuits against Laudamotion in Austria."

The verdict is under this link provided.