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Journal articles on the topic 'EU law regulation (EC) No 261/2004'

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Published: 3 June 2025

Last updated: 31 July 2025

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1

Croon, Jochem, and Fina Verbeek. "Regulation (EC) 261/2004 and Internal Strikes Under Article 5.3: Its All About Control, Stupid." Air and Space Law 44, Issue 6 (2019): 485–98. http://dx.doi.org/10.54648/aila2019031.

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According to the preamble of the EU passenger rights regulation (EU Regulation 261/2004) strikes that affect the operation of an operating air carrier are explicitly provided as an example of extraordinary circumstances, exempting the air carrier from having to pay compensation to the passengers. Complex in this regard is how one should see strikes by airlines staff also named ‘internal strikes’. There are persons – often boosted by commercial claim companies – who advocate that due to the European Court of Justice (‘ECJ’) judgment of 17 April 2018, Helga Krüsemann and Others v. TUIFLY it has

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2

Sur, Ji-Min. "The Regulatory Standards of Extraordinary Circumstances in Carriage of Passengers by Air: An Analysis of EU law and Implications for Korea." Korea International Trade Research Institute 19, no. 5 (2023): 89–105. http://dx.doi.org/10.16980/jitc.19.5.202310.89.

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Purpose - The purpose of this paper is to review the statutory framework and Court of Justice of the European Union (CJEU) case law concerning the extraordinary circumstances under EC 261/2004 Regulation (the Regulation). This paper also conducts an examination of the compensation liability system of air carriers within the context of Korean aviation transportation laws. Design/Methodology/Approach - This paper studies the scopes, application, and requirements of the extraordinary circumstances in EC 261/2004 Regulation by analyzing cases of CJEU. It seeks to conduct a detailed analysis

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3

Uva, Rita Sousa. "The International Dimension of EASA Under the New Basic Regulation." Air and Space Law 43, Issue 4/5 (2018): 411–29. http://dx.doi.org/10.54648/aila2018028.

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With an expected date of publication to occur in 2018, the new European Union (EU) Regulation on common rules in the field of civil aviation (hereinafter referred to as the New Basic Regulation) will consolidate the international dimension of the European Aviation Safety Agency (EASA), opening up interesting perspectives to its coordinating role. This article will briefly describe the evolution of the international framework of EASA since the founding Regulation in 2002 and offer a summary of the expected regulatory changes. (The article refers to the proposed Regulation of the European Parlia

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Erotokritou, Chrystel, and Sofia Mateou. "Air Passenger Rights Case Law Developments From 16 June to 09 December 2024." Air and Space Law 50, Issue 1 (2025): 91–96. https://doi.org/10.54648/aila2025012.

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From 16 June to 9 December 2024, there have been limited case developments concerning air passenger rights. The first part of this article highlights recent decisions from the Court of Justice of the European Union (CJEU) that have shed light on the interpretation of EU Regulation No 261/2004 and Regulation (EU) No. 1215/2012. The second part presents a non-exhaustive overview of selected significant rulings from non- EU countries. In the case joined Case E EAD v. DW (C-650/23) and Flightright GmbH v. Condor Flugdienst GmbH, the Court clarified that passengers can rely on the rights provided u

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Balfour, John. "Airline Liability for Delays: The Court of Justice of the EU Rewrites EC Regulation 261/2004." Air and Space Law 35, Issue 1 (2010): 71–75. http://dx.doi.org/10.54648/aila2010007.

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Airlines received an unpleasant Christmas present in 2008, in the form of the Court of Justice’s preliminary ruling in Wallentin-Hermann v. Alitalia, adopting a very strict interpretation of the ‘extraordinary circumstances’ defence to claims for compensation in the event of cancellation of flights under EU Regulation 261/2004. On 19 November 2009, the Court of Justice issued an even more stunning ruling interpreting the Regulation, in the joined cases Sturgeon v. Condor and Böck and Lepuschitz v. Air France, on references from courts in Austria and Germany. After giving some clarification on

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6

van der Wijngaart, Tom. "Case Note: van der Lans v. KLM and Extraordinary Circumstances." Air and Space Law 41, Issue 1 (2016): 59–62. http://dx.doi.org/10.54648/aila2016006.

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In its judgment delivered on 17 September 2015 in van der Lans v. KLM, the Court of Justice of the EU held that the ‘extraordinary circumstances’ defence (which relieves a carrier of its obligation to pay compensation in respect of a cancelled or delayed flight under Regulation (EC) 261/2004 (hereinafter the ‘Regulation’)) does not apply in the case of an unexpected technical problem which is not attributable to poor maintenance and was not discovered during routine maintenance.

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Arnold, Kinga. "EU Air Passenger Rights: Assessment of the Proposal of the European Commission for the Amendment of Regulation (EC) 261/2004 and of Regulation (EC) 2027/97." Air and Space Law 38, Issue 6 (2013): 403–38. http://dx.doi.org/10.54648/aila2013029.

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Eight years after the entry into force of Regulation 261/2004, and following the struggles of the industry, national enforcement bodies and courts with the interpretation and application of the Regulation, as also evidenced by several referrals to the Court of Justice of the European Union and by discussions between the Commission and national enforcement bodies and stakeholders, the Commission has finally proposed the long-awaited amendment of the Regulation. This article will examine the Commission's proposal in detail and, while acknowledging improvement in certain aspects, it will point ou

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Deschuttere, Dries, and Charlotte Thijssen. "CJEU Extraterritorial Airways: A Critical Analysis of the Judgment of the Court of Justice of the European Union in the Wegener Case." Air and Space Law 43, Issue 6 (2018): 609–18. http://dx.doi.org/10.54648/aila2018039.

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In May 2018, the Court of Justice of the European Union (hereinafter ‘CJEU’ or ‘the Court’) was once again seized to render a preliminary ruling in an air passenger rights case. This time, clarification was sought with regards to Article 3(1)(a) of Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/91 (hereinafter ‘the Regulation’) and the possibility of obtaining c

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9

Arnold, Kinga. "Regulation (EC) 261/2004 in the Light of the Recent Decisions of the European Court of Justice: Time for a Change?!" Air and Space Law 35, Issue 2 (2010): 91–112. http://dx.doi.org/10.54648/aila2010013.

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Regulation (EC) 261/2004 has been drawn up to protect passengers who are faced with denied boarding, delay, and cancellation of flights. The air transport industry can be regarded as a test case for the implementation of passenger protection measures as similar legislation was passed for rail passengers as late as 2007, and the rights of passengers travelling by bus and coach and by sea and inland waterway are still under discussion. Providers of other modes of transport are not obliged to grant similar protection to their users. Air passengers have become more aware of their rights as have co

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10

Drew, Sandhya, and Steven Truxal. "Consumers, Air Carriers and Workers in the European Union: Two Sides of the Triangle." Air and Space Law 47, Issue 1 (2022): 111–34. http://dx.doi.org/10.54648/aila2022007.

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While consumers in the European Union (EU) are generally afforded a high level of protection, the law on air passenger rights, by example, draws debate over the cost of such protection. In the absence of a clear definition of ‘extraordinary circumstances’ in Regulation (EC) 261/2004, the Court of Justice of the European Union (CJEU) has not always balanced consumer interests with business realities in its many preliminary rulings on interpretation of these words. Workers joined this picture in the case of Airhelp/SAS [2021], in which the CJEU held that a lawful strike by an air carrier’s own p

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11

Croon, Jochem. "Placing Wallentin-Hermann in Line with Continuing Airworthiness – A Possible Guide for Enforcers of EC Regulation 261/2004." Air and Space Law 36, Issue 1 (2011): 1–6. http://dx.doi.org/10.54648/aila2011001.

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On December 2008, the European Court of Justice (ECJ) in its preliminary ruling in Wallentin-Hermann v. Alitatlia (Case No. C-549/07) tried to give more guidance on whether a technical defect can be regarded as an ‘extraordinary circumstance’ in the sense of EU Regulation 261/2004. For this, the Court came up with a further specification of this doctrine, namely that in order to make a technical defect an extraordinary circumstance, two requirements must have been fulfilled. First, the event must not be inherent to the normal activity of the air carrier, and second, the event must be beyond th

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Erotokritou, Chrystel, and Sofia Mateou. "Air Passenger Rights Case Law Developments from 1 December 2023 to 15 June 2024." Air and Space Law 49, Issue 4/5 (2024): 465–76. http://dx.doi.org/10.54648/aila2024032.

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From 1 December 2023 to 15 June 2024, there have been several case developments in relation to air passenger rights. The first part of this article highlights recent decisions from the Court of Justice of the European Union that have shed light on the interpretation of EU Regulation No 261/2004, Package Travel Directive (EU) 2015/2302 and Council Directive 93/13/EEC of 5 April 1993 on Unfair Terms in Consumer Contracts.In the case Laudamotion GmbH v. flightright GmbH the Court stressed the standardized nature of compensation for a flight delay and held that for compensation claims under Regula

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Pazos, Ricardo. "The Right to a Compensation In Case Of Long Delay of Flights: A Proposal for a Future Reform." European Review of Private Law 27, Issue 4 (2019): 695–717. http://dx.doi.org/10.54648/erpl2019039.

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The European Court of Justice case law on Regulation (EC) No 261/2004 has set out the right to a standardized compensation in case of long delay of a flight, a right which is not recognized according to the wording of the Regulation. The procedure to amend the European text is currently on a standstill, something that constitutes an opportunity to debate the future of the referred right. This article presents several options, showing a preference for coming back to the wording of the Regulation and not to recognize the right to a standardized compensation in case of long delay. A second propos

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Yablunovska, K. "EUROPEAN STANDARDS FOR THE RIGHT TO FREEDOM OF MOVEMENT AND RIGHT TO FREE CHOICE OF RESIDENCE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 115 (2020): 63–68. http://dx.doi.org/10.17721/1728-2195/2020/5.115-13.

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The article examines the system of standards for the right to freedom of movement and the right to free choice of residence that exist in the European Union. A wide range of general and special legal methods and techniques of scientific knowledge are used, in particular: comparative law, systemstructural and formal- dogmatic research methods, as well as the methods of scientific knowledge (analysis and synthesis, induction and deduction, classification, etc). As a result of the study, the author substantiates the scientific position that the existing system of standards for the right to freedo

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15

Garben, Sacha. "Sky-high controversy and high-flying claims? The Sturgeon case law in light of judicial activism, euroscepticism and eurolegalism." Common Market Law Review 50, Issue 1 (2013): 15–45. http://dx.doi.org/10.54648/cola2013003.

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In its controversial Sturgeon judgment, the Court of Justice of the European Union held thatRegulation 261/2004/EC interpreted in light of the equal treatment principle entitles passengers of delayed flights to claim financial compensation equal to the right accorded by the Regulation to passengers of cancelled flights. The ruling has met with hostility not only from airlines, but also from legal commentators and, most importantly, national judges. Courts from Germany, the Netherlands and the UK have flooded the ECJ with new references, asking it either directly or indirectly to overturn the j

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Bator-Bryła, Monika Patrycja. "Prohibition of Discrimination on Grounds of Nationality in the Freedom of Movement of Persons within the EU in the Light of Case Law of the Court of Justice of the European Union." Review of European and Comparative Law 46, no. 3 (2021): 189–218. http://dx.doi.org/10.31743/recl.12340.

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The subject of this article is to analyze the meaning of the prohibition of discrimination on grounds of nationality in the light of the provisions of primary and secondary European Union law and the case law of the Court of Justice of the European Union, which is inherent to the functioning of the internal market and EU citizenship. The prohibition of discrimination on grounds of nationality is undoubtedly one of the main goals of the European Union[1] in the social and economic context, which was reflected in the localization of the matter in question in the primary law of the European

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17

Milner, Alexander. "Regulation EC 261/2004 and ‘Extraordinary Circumstances’." Air and Space Law 34, Issue 3 (2009): 215–20. http://dx.doi.org/10.54648/aila2009019.

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18

Pazos, Ricardo. "The Extraordinary Circumstances Defence in Regulation (EC) 261/2004." Air and Space Law 46, Issue 6 (2021): 739–62. http://dx.doi.org/10.54648/aila2021047.

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This Article explores the main features of the ‘extraordinary circumstances’ defence in Regulation 261/2004. The Regulation, as interpreted by the Court of Justice of the European Union (CJEU), grants air passengers a right to a standardized, lump-sum compensation in cases of denied boarding, cancellation, and long delay at arrival. However, in the two last situations, air carriers may exonerate from paying such compensation if they have been caused by ‘extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken’. The present study systematises

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19

Chatzipanagiotis, Michael. "The Notion of Flight under Regulation (EC) No. 261/2004." Air and Space Law 37, Issue 3 (2012): 245–57. http://dx.doi.org/10.54648/aila2012016.

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Regulation (EC) No. 261/2G04 lays down the rights of passengers, if a 'flight' is cancelled or departs with a long delay or if they a re denied boarding to the 'flight' they have booked. In general, a flight is a transport by aircraft, which may have the form of a round trip, be interrupted by scheduled or unscheduled landings or consist of more legs/segments. This article attempts to define the term 'flight' under the Regulation in various cases, in order to reach a uniform definition.

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20

Tompkins Jr, George N. "EU Passenger Rights Regulation 261/2004 and United States Courts." Air and Space Law 40, Issue 6 (2015): 451–53. http://dx.doi.org/10.54648/aila2015035.

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21

Hahn, Erik. "Basic Principles of European Social Security Coordination based on Regulation (EC) 883/2004." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 26 (2023): 35–42. http://dx.doi.org/10.25143/socr.26.2023.2.35-42.

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This article discusses the importance of free movement and the coordinating social law of the European Union (EU) inensuring that people who move between EU Member States are not left without social security coverage. The articleexplains that the EU does not have a uniform or common social law and that the responsibility for social policy primar-ily lies with the Member States. The coordinating social law of the EU is limited to the coordination of the various socialsecurity systems of the Member States. The article further explains that the coordination of social security systems isessential

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22

Kovudhikulrungsri, Lalin. "Limitation of Actions and Air Passenger Rights in Thailand: Importing the Law but Leaving Judicial Reasoning Behind." Air and Space Law 49, Issue 1 (2024): 95–110. http://dx.doi.org/10.54648/aila2024008.

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This article comparatively analyses limitations regarding the submission of passenger claims in Thailand and the EU. Thailand transposed EU Regulation 261/2004 on denied boarding, delay and cancellation of flights into its national law. Since EU Regulation 261/2004 does not contain any provision referring to a statute of limitations for legal actions, the Court of Justice of the European Union (CJEU) found that the limitation period was governed, and continues to be governed, by the domestic law of each Member State, as opposed to the Montreal Convention of 1999 which prescribes a single stand

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23

Croon, Jochem, and Jim Callaghan. "Punctuality or a Safe Flight: Which Should Have Priority?" Air and Space Law 43, Issue 1 (2018): 53–60. http://dx.doi.org/10.54648/aila2018004.

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On the 4 May 2017, the European Court of Justice (EUCJ) delivered its judgment in the Pešková v. Travel Service case. The authors see a very thin ray of hope for the aviation industry in this judgment. It could be viewed as a break in a dangerous trend by the EUCJ of prioritizing punctuality over safety. In Pešková, the Court has for the first time recognized safety as being part of a ‘high level of protection for air passengers’, as referred to in the EU ‘passenger rights’ Regulation 261/2004. This article looks at both objectives, which are paramount for the industry. The authors take an ‘in

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Kucko, Magdalena. "The Decision in TUIfly: Are the Ryanair Strikes to Be Seen as Extraordinary Circumstances?" Air and Space Law 44, Issue 3 (2019): 321–36. http://dx.doi.org/10.54648/aila2019020.

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By analysing national as well as European Union case law, this article offers an interpretation of the status of a strike as an extraordinary circumstance under EU Regulation 261/2004. The main finding is that while in the past, it was unclear whether a strike constituted an extraordinary circumstance under Regulation 261/2004, at present it is more likely to assume that it will not be encompassed by this exception. As a consequence, Ryanair will likely face myriad claims from passengers having suffered from its cancellations in the summer of 2018. The article further identifies that in the TU

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Pazos, Ricardo. "The Carrier’s Defence to Liability for Delay under the Montreal Convention and EU Regulation 261/2004." Air and Space Law 49, Issue 4/5 (2024): 417–42. http://dx.doi.org/10.54648/aila2024034.

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This paper analyses the specific defence to liability for delay available to carriers, comparing its features under the Montreal Convention (MC99) and EU Regulation 261/2004 (Regulation 261). The relationship between these legal instruments has never been an easy one, whereas recent case law of the Court of Justice of the European Union on the socalled ‘extraordinary circumstances defence’ invites to explore similarities and differences between the international and the European approaches. The scope of application of the defence is clearer in Regulation 261 than in MC99. The former will only

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Kovalenko, T. "THE ADAPTATION OF UKRAINIAN LEGISLATION ON CLIMATE CHANGES TO THE ACQUIS COMMUNAUTAIRE OF THE EUROPEAN UNION." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 12–18. http://dx.doi.org/10.17721/1728-2195/2020/2.113-3.

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The article examines the current state of the Association Agreement implementation in terms of national legislation on climate change and the protection of the ozone layer compliance with the requirements of the EU legal acts listed in Annex XXX to Chapter 6 "Environment" of that Agreement. Under the Association Agreement, such harmonization entails the need to bring national legislation into line with Directive № 2003/87/EC establishing a Community greenhouse gas emissions trading scheme by September 1, 2019 and amending Directive № 96/61/EC ~ 18 ~ ВІСНИК Київського національного університету

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Bech Serrat, Josep M. "Re-routing under the Air Passengers Rights Regulation." Air and Space Law 36, Issue 6 (2011): 441–51. http://dx.doi.org/10.54648/aila2011041.

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This article analyses the alternative transportation requirement provided by Regulation (EC) No. 261/2004 in comparison with European sale of goods law, with a view to exploring the limits on re-routing to be provided by air transportation companies and the exercise of the passenger's right to be offered alternative transportation. The article concludes that this is a rarely regulated remedy, and there is room for improvement in a new Regulation to deal with re-routing when the original transportation contracted for is not provided.

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Erotokritou, Chrystel, and Cyril-Igor Grigorieff. "EU Regulation No 261/2004 on Air Passenger Rights: The Impact of the COVID-19 on Flight Cancellation and the Concept of Extraordinary Circumstances." Air and Space Law 45, Special issue (2020): 123–41. http://dx.doi.org/10.54648/aila2020053.

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The outbreak of the COVID-19, which rapidly reached the level of a pandemic, has dramatically affected the aviation industry this year. An important number of flights have been cancelled and passengers are seeking reimbursement and compensation for their travel disruption. The European Regulation No 261/2004 on air passenger rights establishes a specific liability regime in case of flight cancellation. This article analyses the effects of this unparalleled health situation with respect to the passenger rights set out in this European regulation. It discusses the question of reimbursement, rero

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Lawson, Robert, and Tim Marland. "The Montreal Convention 1999 and the Decisions of the ECJ in the Cases of IATA and Sturgeon in Harmony or Discord?" Air and Space Law 36, Issue 2 (2011): 99–108. http://dx.doi.org/10.54648/aila2011014.

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This article considers Regulation (EC) No. 261/2004 in so far as it deals with delay in the carriage by air of passengers, as interpreted by the European Court of Justice in the cases of R. (on the application of International Air Transport Association and European Low Fares Airline Association) v. Department of Transport and Sturgeon v. Condor Flugdienst GmbH and Böck v. Air France SA. It considers whether these two cases are consistent with each other and with the Montreal Convention (in respect of carriage to which the Convention and Regulation 261 both apply). It concludes that they are ir

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MacKellar, Calum. "Can Maternal Spindle Transfer and Pronuclear Transfer Be Prohibited under eu Legislation?" European Journal of Health Law 25, no. 1 (2018): 57–74. http://dx.doi.org/10.1163/15718093-12460338.

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Abstract The question whether maternal spindle transfer (mst) and pronuclear transfer (pnt) can be prohibited under eu legislation was examined by the non-governmental organisation European Bioethics Research (ebr). It did so by submitting an official complaint to the eu Commission proposing that the uk Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015 breached the prohibition on the modification of a person’s germ line genetic identity of the eu Clinical Trials Directive 2001/20/EC and the new Regulation eu 536/2014. A discussion then took place, during 2016, betwee

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Dejonckheere, Joachim. "Reimbursement of Commissions Charged by Intermediaries After Flight Cancellation. A Legal Analysis of the Harms Case (C-601/17) and Its Impact on the Objectives of Regulation (EC) No 261/2004." Air and Space Law 44, Issue 1 (2019): 111–15. http://dx.doi.org/10.54648/aila2019007.

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In the Harms case (C-601/17) of 12 September 2018, the European Court of Justice ruled that in the event of cancellation of a flight, the price of the ticket that should be reimbursed in application of Article 8(1)(a) of Regulation (EC) No 261/2004 also includes the commissions collected by intermediaries, unless the commissions were set without the knowledge of the air carrier, which it is for the referring court to ascertain.

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Prassl, Jeremias. "EU Aviation Law before the English Courts: Dawson, Huzar, and Regulation 261/2004." Air and Space Law 39, Issue 6 (2014): 365–84. http://dx.doi.org/10.54648/aila2014030.

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The early summer of 2014 has seen a series of high-profile judicial decisions by senior United Kingdom courts in the field of EU aviation law. The present article explores two decisions on the interpretation and application of the Air Passenger Rights Regulation 261/2004, analysing them with particular emphasis on their relationship with existing CJEU precedent and their economic and operational impacts on carriers. In Huzar v. Jet2.com, the Court of Appeal ruled that the extraordinary circumstances defence in Article 5(3) of the Regulation had to be interpreted narrowly, and did not extend to

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Zawacka-Klonowska, Dominika. "Procedure for Out of Court Settlement of Consumer Disputes before the Passenger Ombudsman." Review of European and Comparative Law 43, no. 4 (2020): 65–82. http://dx.doi.org/10.31743/recl.5732.

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The adoption of Directive 2013/11/EU of the European Parliament and of the Council of 21.05.2013 on alternative dispute resolution methods for the settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21.05.2013 on the online system of consumer disputes resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, was intended to enable consumers to resolve disputes with entrepreneurs using alternative dispute resolution methods. In order to ensure that

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Primorac, Željka. "Pravne posljedice provjere putnikovih putnih isprava u zračnim lukama." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, no. 3 (2020): 1131–48. http://dx.doi.org/10.30925/zpfsr.40.3.7.

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In this paper the author is making an elaborated analysis on the topic of countering illegal migration of air passengers (with the emphasis on third-country nationals) from a legal and theoretical standpoint, pointing out to the methods and legal consequences of verifying the validity and authenticity of passengers’ travel documents according to the latest provisions of Schengen acquis and assessing the role of the air carrier in the protection of the EU's external borders. The author is drawing attention to an insufficient legal definition of the terms “inadequate travel documents” and “neces

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Arnold, Kinga. "Application of Regulation (EC) No 261/2004 on Denied Boarding, Cancellation and Long Delay of Flights." Air and Space Law 32, Issue 2 (2007): 93–107. http://dx.doi.org/10.54648/aila2007013.

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This article deals with the everyday application of the Regulation from the airline point of view. It aims to show some of the discrepancies through practical examples and by discussing possible different interpretations of the rules of the Regulation. The topics cover the applicability of the Regulation in case of code-share flights and in case of 5th freedom traffic. Delay, cancellation, denied boarding and the different ways in which they are treated are examined in detail. Some practical examples are given to demonstrate that some of the requirements of care and assistance to passengers ar

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Chatzipanagiotis, Michael. "Disrupted Flights and Information Duties of Air Carriers: The Interplay Between Regulation (EC) No 261/2004 on Air Passenger Rights and the Unfair Commercial Practices Directive." Air and Space Law 43, Issue 4/5 (2018): 431–58. http://dx.doi.org/10.54648/aila2018029.

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Regulation (EC) No 261/2004 on passenger rights in cases of denied boarding and of cancellation or delay of flights includes provisions on the air carrier’s duty to inform passengers of their rights. In this regard, the Regulation interacts with Directive 2005/29/EC on Unfair Business-to-Consumer Commercial Practices. Failure of the carrier to provide complete, clear and accurate information to passengers could be an infringement of both legislative instruments, and entail parallel or subsequent administrative enforcement proceedings at both national and crossborder level. This article analyse

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Pantazi, Tania. "‘I Know that I Know Nothing’: Extraordinary Circumstances in Air Passenger Rights Regulation." European Review of Private Law 28, Issue 5 (2020): 1093–112. http://dx.doi.org/10.54648/erpl2020064.

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According to European Passengers Rights Regulation (EU 261/2004), passengers are entitled to standardized compensation for flight cancellation and delays, unless the disruption was caused by ‘extraordinary circumstances’. Despite themajor legal and financial implications of this provision, its exact content remains uncertain, causing a constant debate between passengers, air carriers and national authorities. The European Court of Justice has clarified many of the disputed cases, but in some occasions its decisions have caused further confusion. In the last two years, new decisions of the Euro

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Syroid, T. L. "The legal framework of the European Union in the field of combating environmental crimes." Uzhhorod National University Herald. Series: Law 3, no. 81 (2024): 288–96. http://dx.doi.org/10.24144/2307-3322.2024.81.3.43.

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The article focuses on the activities of the European Union regarding the development of an effective legal framework for combating environmental crimes considering modern realities. It is noted that the existing norms on combating environmental crime in the EU are based on the provisions of the Treaty on the Functioning of the EU which sets the competence of the EU to define criminal offenses and sanctions in the spheres of EU policy to which harmonization measures apply (Article 83(2)). Attention is paid to the provisions of the following directives: Directive of the European Parliament and

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Grigorieff, Cyril-Igor. "The CJEU Confirms Its Narrowed Interpretation of the Notion of ‘Extraordinary Circumstances’ in TAP Portugal (Death of Co-Pilot)." Air and Space Law 49, Issue 1 (2024): 111–16. http://dx.doi.org/10.54648/aila2024007.

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In TAP Portugal (Death of Co-pilot) (C-156/22), the Court of Justice of the European Union ruled that the death of a co-pilot shortly before a flight does not qualify as an ‘extraordinary circumstance’ under Regulation (EC) 261/2004. According to the Court, this event is ‘inherent in the normal exercise of the operating air carrier’s activity’. The Court reaffirmed the strict cumulative conditions to be met in order to avoid standardized compensation in the case of a flight cancellation or delay. passengers, extraordinary circumstances, CJEU, passenger rights, illness, death

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Bischof, Claudia. "Slot Postponements as Extraordinary Circumstances of EU261." Air and Space Law 48, Issue 1 (2023): 73–90. http://dx.doi.org/10.54648/aila2023008.

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This article deals with one aspect of Regulation 261/2004, namely the exemption of its Article 5(3) regarding compensation payments, particularly in case of slot postponements by Air Traffic Management (ATM). These ATM decisions can exempt airlines from compensation payments. However, opinions differ in the legal literature and case law as to when this is the case. The article examines the current opinion, especially in the German-speaking EU area, comments on the role of the Court of Justice of the European Union(CJEU) and the pending reform proposals on regulation. passenger rights, extraord

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Betlem, Gerrit. "Public and Private Transnational Enforcement of EU Consumer Law." European Business Law Review 18, Issue 4 (2007): 683–708. http://dx.doi.org/10.54648/eulr2007030.

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This article examines in some detail the two main EC law instruments containing specific provisions on powers to enforce consumer law: a 1998 Directive and a 2004 Regulation. The focus is on intra-Community infringements, the envisaged enforcers and their powers, and extraterritorial consumer protection, including a comparison with the Alpine Investments case. Their combined effect on a number of conceivable transnational enforcement scenarios is analysed. Conclusions are drawn in the light of the 2003 OECD Guidelines on transnational enforcement of consumer law, in order to answer this centra

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Schulte-Strathaus, Ulrich. "Is the European Commission Fulfilling Its Ambitious Aviation Strategy?" Air and Space Law 42, Issue 6 (2017): 517–41. http://dx.doi.org/10.54648/aila2017038.

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On 8 June 2017, the European Commission adopted a series of measures designed to further support growth in the European and international aviation market (Communication on Aviation: Open and Connected Europe, SWD(2017) 207 final) as implementation of the EU Aviation Strategy (Communication from the Commission: An Aviation Strategy for Europe, COM/2015/0598 final). Two of the measures address challenges facing the EU internal aviation market (Interpretative Guidelines on Regulation (EC) 1008/2008 – Public Service Obligations (PSO), COM (2017) 3712 final; Commission Staff Working Document on pra

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Kučko, Magdalena. "The right to double compensation where the re-routed flight suffers a long delay – Upholding high standards of EU consumer protection." Maastricht Journal of European and Comparative Law 28, no. 1 (2021): 143–52. http://dx.doi.org/10.1177/1023263x20984635.

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In March 2020, the CJEU delivered its judgment in the Case C-832/18 A and Others v. Finnair Oyj concerning the application of EU Regulation 261/2004 on air passenger compensation. It considered whether passengers are entitled to compensation for cancellations or long delays of ‘re-routed’ flights to which they have been placed following cancellations of their original flight. In its preliminary ruling, the CJEU also considered whether a technical failure of a part which has been identified by aircraft manufacturer as being potentially defective but is only replaced once it is actually defectiv

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Krasauskas, Rytis, and Ingrida Mačernytė-Panomariovienė. "Internal Migration of Workers in the European Union: Legal Aspects of Lithuania’s Experience in Transposing the Posting of Workers Directive." Baltic Journal of Law & Politics 14, no. 1 (2021): 153–80. http://dx.doi.org/10.2478/bjlp-2021-0007.

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Abstract Freedom to provide services and free movement of workers are linked to the processes of permanent intra-EU migration, which are regulated, inter alia, by the national legislation implementing PWD. Consequently, the posting of workers within EU is not only part of the work organization process, but also part of a wider phenomenon of internal migration of workers. Accordingly, posted workers are to be considered as internal labour migrants. The regulation of the posting of workers must consider the legitimate interest of Member States in protecting their markets from social dumping as w

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Prassl, Jeremias. "Reforming Air Passenger Rights in the European Union." Air and Space Law 39, Issue 1 (2014): 59–81. http://dx.doi.org/10.54648/aila2014003.

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The EU's Passenger Rights Regulation 261/2004 has been a source of ongoing controversy, from air operators repeatedly challenging the measure's very validity to Member State courts refusing to apply its provisions. This article explores the Commission's recent reform proposals in the light of the case law of the CJEU and national courts, suggesting that while some issues (notably the impact of the much-criticized Sturgeon decision) might easily be resolved, other difficulties (such as the relationship between EU law and the exclusivity provisions of the Montreal Convention of 1999 and the indu

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Rouissi, Noura, and Vincent Correia. "Global, Regional and National Air Passenger." Air and Space Law 40, Issue 2 (2015): 123–46. http://dx.doi.org/10.54648/aila2015011.

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This article examines the proliferation of specific consumer legislation in air travel and its consequences; in particular regarding assistance and compensation in cases of denied boarding, flight delay and cancellation. Drawing on international, European Union (Regulation (EC) No 261/2004), and national law sources, this article presents some specific aspects of airline consumer protection regimes across the world. Developments in this area have given rise to issues and challenges, including the overlapping of legal and geographical scopes of different passenger protection instruments. In vie

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van Dam, Cees. "Air Passenger Rights after Sturgeon." Air and Space Law 36, Issue 4/5 (2011): 259–74. http://dx.doi.org/10.54648/aila2011027.

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In Sturgeon, the European Court of Justice considered that EC Regulation 261/2004 on Air Passenger Rights breaches the principle of equal treatment. It held that air passengers with a delay of three hours or more have a right to compensation, unless the airline can prove that the delay was caused by extraordinary circumstances. After a brief look into how airlines generally perform with regards to their obligations under Regulation 261/2004 (section 1), I will summarize the Sturgeon decision as it was handed down by the European Court (section 2), set out the airlines' response to Sturgeon, wh

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Levitchi, Simion, and Ludmila Cocieru. "New Provisions in Accordance with Law No. 25/2024 on Trademarks, Harmonized with the EU Acquis." Intellectus, no. 2 (December 2024): 15–20. https://doi.org/10.56329/1810-7087.24.2.02.

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The Communication concerns the Law No 25/2024 on Trademarks, which is a framework law in the fi eld of intellectual property of the Republic of Moldova. In order to ensure the conformity of the national trademark protection system with the European one and the compatibility of the national regulatory framework with the provisions of the EU acts, the Law No 25/2024 on Trademarks fully transposes the provisions of Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks, and Directive 2004/48/E

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Rezlan, Chloé, and Aurélia Cadain. "Overview of Recent Case-Law and Trends on Regulation (EC) 261/2004, Both from a European and a French Law Perspective." Air and Space Law 44, Issue 6 (2019): 471–84. http://dx.doi.org/10.54648/aila2019030.

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Regulation (EC) No. 261/2004 sets a minimum level of quality standards for passenger’s protection, by providing compensation and assistance to passengers in the event of denied boarding, delays and flight cancellation. This Regulation hugely impacts the aviation sector and imposes heavy costs on airlines. This strict regulatory framework keeps evolving and practice shows that there are still many grey zones in the Regulation, which is constantly clarified and interpreted both by national and European case-law. This article aims at reviewing the major case law handed down in 2018 and 2019 by th

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Clarke, Blanaid. "Takeover Regulation- through the Regulatory Looking Glass." German Law Journal 8, no. 4 (2007): 381–412. http://dx.doi.org/10.1017/s2071832200005654.

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As the Action Plan on Modernising Company Law and Enhancing Corporate Governance in the European Union (2003) makes clear, the EU has sought to develop company and securities law as vital pillars of an overall attempt to improve Europe's international competitiveness. An important part of this is the creation of an integrated capital market in the EU. The regulation of takeover bids was deemed to be a key element of such an integrated market. This paper will focus on Directive 2004/25/EC on Takeover Bids and will seek to examine it under the regulatory microscope. It is too early to make a com

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