Collective Commentary about the New Package Travel Directive

356 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Rights Regulations 44 or under international conventions. Travellers therefore are free to choose whether to file a claim under the Directive or under any of these regulations or conventions. However, to avoid overcompensation any compensation or price reduction granted under the Directive on the one hand and any compensation or price reduction granted under those Regulations and international conventions on the other hand shall be deducted from each other. The Directive thereby clarifies that price reduction as well as compensation under the Directive can be settled against any compensation received under the Passenger Rights Regulations. This is important as, for example, Article 12 of Reg. (EC) No. 216/2004 only provides that a compensation granted under this Regulation may be deducted from any further compensation the passenger is entitled to – but doesn’t mention price reduction. Anyway, the German Supreme Court had already held that the “further compensation” which a compensation under Reg. (EC) No. 216/2004 can be deducted from includes price reduction in package travel if same relates to a flight disruption 45 . Another important clarification is that the deduction can be made both ways. So far some German courts had been of the opinion that only the compensation granted under Reg. (EC) No. 216/2004 can be subject to deduction from a “further compensation” – but not vice versa 46 . VI. LIMITATION PERIOD The limitation period for filing price reduction or compensation claims under Article 14 must not be less than two years. Keeping in mind the full harmonisation principle according to Article 4, no other restrictions shall apply. If member states have any such restrictions (for instance: in their consumer codes) these must not be maintained. The Directive doesn’t say from which date the limitation period shall start. The start of the limitation period therefore is subject to national law of the respective member state. 44 Regulation (EC) No 261/2004, Regulation (EC) No 1371/2007, Regulation (EC) No 392/2009, Regulation (EU) No 1177/2010 and Regulation (EU) No 181/2011. 45 BGH 30.09.2004, X ZR 126/13. 46 See Bollweg in Staudinger/Keiler , Fluggastrechte-Verordnung, Art. 12 Rn 74, quoting respective case law.