Hello,
So in Germany, the regulation 1178/2011 (EU) has been effective as of April 2013.
According to this regulation, a PPL (A) holder has the privilege to "act without remuneration as PIC or co-pilot on aeroplanes or TMGs engaged in non-commercial operations". The regulation also defines "commercial air transport" as "the transport of passengers, cargo or mail for remuneration or hire".
It is widely accepted that strictly based on this regulation, it is now illegal in Germany to carry passengers on a cost-share basis. Previously, as per §20 LuftVG, this was possible as long as the aircraft's registered passenger capacity didn't exceed 4 (including crew).
Now, the Federal Ministry of Transport, Building and Urban Development has "decided" that until the issue is clarified with the European Commission, cost sharing flights within clubs, in groups with a common goal/interest/destination, among friends/relatives, and for parachute dropping are not to be treated as "commercial". If you can read German, here's the letter to the Commission:
http://www.daec.de/fileadmin/user_up...Rundfluege.pdf
This is all very nice, but legally, I'd say the EU regulation is binding and not the "opinion" of a federal ministry. It seems that common practice in Germany now is to go along the lines of the ministry - but will one be on the safe side in case of any legal disputes (possibly post-accident)? I think not.
Additionally, as a UK CAA-issued license-holder - am I subject to both UK and German legislation with this respect if I charter and fly from Germany in a D-reg aircraft? (Chicago conventions ringing a bell about applicabilty of national regulations..?)
Cheers
Patrick