1. According to § 236, Paragraph 1, Clause 1 of the AO, interest is to be paid on import duties to be reimbursed from the time they are pending.
2. The claim to interest is not excluded by Art. 116 (6) UZK if the lis pendens already existed before the applicability of this norm.
BFH, Urt. v. 22.10.2019 – Vll R 38/18
= Transportrecht 10 2020, S. 457 ff
1. If it is asserted that some of the flight operations originating from an airport exceed the approved framework and are therefore partly formally illegal, a defensive claim against the unauthorized flight operations can result from Section 29 (1) sentences 1 and 2 of the Air Traffic Act. Those affected by the noise immissions of the airport who are exposed to aircraft noise impairments that exceed the insignificance threshold and whose noise protection concerns would therefore be relevant to consideration in an approval procedure have legal standing.
2. The so-called runway usage regulations for Hamburg Airport do not provide a quantitatively determinable rule/exception relationship with regard to the use of the runways.
Hamburgisches OVG, Urt. v. 18.09.2019 – 1 E 18/18
= https://openjur.de/u/2195357.html
For charges wrongly stated by a main customs office and refunded after appropriate court decision, taxes are to be paid from lis pendens.
Hessisches Finanzgericht, Urt. v. 23.07.2018 – 7 K 1579/17
= TransportR. 5 2019, S. 232 ff
Transport insurance
VVG §§ 28 Abs. 2 S. 2, 115, 117 Abs. 3; BGB §§ 306, 307
VersicherungsRecht 2015 Heft 3
Conditions of carriage of an air carrier according to which the carriage of certain goods (in checked baggage) is not permitted are null and void according to Art. 23 Para. 1 WA.
Österreich: HandeslG Wien, Urt. v. 10.05.2001 – 1 R 48/01g
= TrasportR 3 2002, S.118 ff