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

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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

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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4

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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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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6

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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7

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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8

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

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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10

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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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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12

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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13

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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14

Sánchez-Tabernero, Soledad R. "For Whom the Bell Tolls: The EU ETS in Aviation under the TBT Agreement." Journal of World Trade 49, Issue 5 (2015): 781–804. http://dx.doi.org/10.54648/trad2015031.

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This article outlines the non-product-related process and production method (NPR-PPM) controversy, focusing on the current interpretation by the WTO Appellate Body and panels as background for an analysis of the EU ETS in aviation. In order to assess the possible application of the TBT Agreement to the EU ETS in aviation, the measures laid down in Directive 2008/101/EC, as well as in the recently adopted amending Regulation, are qualified as measures affecting trade in goods. Such a finding leads us to consider whether they fall under the definition of ‘technical regulation’ laid down in Annex

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15

Offe, Stefanie Marisa, Loanne Bebin, and Fiona Lalor. "The Impact of Time on Nutrition and Health Claims on the Irish Marketplace." Foods 11, no. 18 (2022): 2789. http://dx.doi.org/10.3390/foods11182789.

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Since the implementation of Regulation (EC) No 1924/2006 on nutrition and health claims (NHCR) made on food, only 261 health claims have been authorised, suggesting that the regulation creates challenges for the food industry. This study looks at the prevalence of nutrition and health claims labelled on food on the Irish market. Specifically, we compared their prevalence in 2009 with those present on the marketplace in 2022. Food labels of defined food categories were examined in three nationwide supermarkets in Ireland, and data of claims made on these labels were collected. A series of stati

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16

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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17

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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18

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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19

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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20

Gallizioli, Giorgio. "Better Regulation Impact on EU Law-Making." Teisė 114 (April 5, 2020): 169–83. http://dx.doi.org/10.15388/teise.2020.114.13.

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This paper aims to analyse these new rules introduced by the EC. The purpose is to evaluate whether or not these changes have altered the original institutional design significantly and to assess its impact on the “Community method”, in other words on the EC prerogative to initiate the law-making machinery.

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21

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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22

Mpande, Cheryl S., and Alan D. Reitzfeld. "EU Regulation on Banning of Airlines for Safety Concerns." Air and Space Law 33, Issue 2 (2008): 132–54. http://dx.doi.org/10.54648/aila2008011.

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This article will describe the recent European Union (‘EU’) legislation in the area of banning third-country airlines for failure to meet safety criteria. It will also help guide the reader through some of the mechanics of the various inter-related regulations. At the outset, it would be helpful to identify some of the principal regulations: Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 is known as the ‘basic regulation.’ It establishes the general mechanism to create and update a Community list of third-country air carriers that are subject to

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23

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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Peeters, Maarten. "The New EC Regulation on Computer Reservation Systems." Air and Space Law 34, Issue 4/5 (2009): 227–52. http://dx.doi.org/10.54648/aila2009023.

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This article discusses the new Regulation on computer reservation systems (CRSs) in the European Union (EU). In November 2007, the European Commission issued a proposal for a revision of the regulation of CRSs, which dated back to 1989. This article briefly explains the rationale for regulation and subsequent deregulation in the EU. Then the author critically discusses the changes introduced by the new Regulation. By way of conclusion, the extent of deregulation in the EU is assessed and contrasted with the deregulation of CRSs in the United States.

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25

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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26

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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27

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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28

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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Svirko, S., V. Butuzov, V. Dovgaliuk, and O. Pavliuk. "Legal regulation of the budget process in the EU." Society and Security, no. 1(2) (April 17, 2024): 91–98. http://dx.doi.org/10.26642/sas-2024-1(2)-91-98.

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The experience of the most influential interstate formation in Europe – the European Union, which occupies the second place in terms of GDP and the third in terms of population. is instructive in all its spheres of functioning, in particular in the field of budget law. Given the accelerated movement of Ukraine to the European community, the «budget experience» of the European Union is certainly the most indicative and instructive, since it was formed on the basis of a generalization of best practices of all member countries of the European continent. The article deals with a set of the main EU

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30

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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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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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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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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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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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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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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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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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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Memeti, Nora. "Monetary Fines in EU Mergers: In Need for More Regulation." Market and Competition Law Review 3, no. 1 (2019): 209–33. http://dx.doi.org/10.7559/mclawreview.2019.320.

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Monetary fines represent an important instrument to address violations of Competition Law. The European Commission (EC) and the EU Courts have been primarily engaged in imposing fines in cases of breach of the first pillar, and have rarely dealt with cases of abuse based on the fining guidelines issued in accordance with Article 23(2) of Regulation 1/2003. Compared to the first two pillars, mergers have not received similar scholarly attention.1 2 Since 2017, the EC has expressed a growing interest in investigating and imposing significant fines to mergers and acquisitions in breach of procedu

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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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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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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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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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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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Kuplewatzky, Nicolaj. "Balancing Disclosure and Access to Documents in EU Trade Defence Investigations." Global Trade and Customs Journal 15, Issue 8 (2020): 366–88. http://dx.doi.org/10.54648/gtcj2020077.

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The European Union’s founding treaties recognize the need for a balancing exercise between protective interests and the principles of openness, transparency, and the right of access to documents. Nowhere is that balancing exercise as evident as in the field of trade defence investigations. There, primary EU law principles meet the restrictions arising from the Union’s international law obligations under the WTO Agreements as well the sectoral EU law system of protection of confidential information. What is more, to-date, the Court of Justice of the European Union is yet to provide guidance on

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Qin, Julia Y. "Accommodating Divergent Policy Objectives under WTO Law: Reflections on EC—Seal Products." AJIL Unbound 108 (2014): 308–14. http://dx.doi.org/10.1017/s2398772300009466.

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EC—Seal Products raises an important issue in World Trade Organization (WTO) law: How can WTO trea-ties be interpreted to accommodate divergent legitimate purposes of a domestic regulation? The European Union (EU) measure at issue is a ban on the placing of seal products on the EU market, coupled with excep-tions3 for seal products produced by Inuit and other indigenous communities (IC exception), and for seal products obtained from seals hunted for the purpose of marine resource management and sold on a nonprofit basis (MRM exception). The seal ban was imposed out of the public concern over t

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Frank, Malte. "The EU’s new Foreign Subsidy Regulation on collision course with the WTO." Common Market Law Review 60, Issue 4 (2023): 925–58. http://dx.doi.org/10.54648/cola2023070.

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The European Union (EU) has become increasingly concerned about government-dominated economies that provide financing for companies engaging in commercial activities in the EU. The concern is that companies receiving these so-called foreign subsides gain an unfair advantage over their European competitors. With astonishing unity and speed, the EU, therefore, has created an ambitious piece of legislation, Regulation 2022/2560, commonly referred to as the Foreign Subsidies Regulation (FSR).The FSR allows the European Commission (EC) to take unilateral action against foreign subsidies that are pr

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Bhaimia, Sahar. "The General Data Protection Regulation: the Next Generation of EU Data Protection." Legal Information Management 18, no. 1 (2018): 21–28. http://dx.doi.org/10.1017/s1472669618000051.

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AbstractThis article, written by Sahar Bhaimia, presents an overview of the General Data Protection Regulation (EU) (2016/679) (GDPR) which will apply automatically across the EU on 25 May 2018. The GDPR is an update and reform of existing EU data protection law, first established by the Data Protection Directive (1995/46/EC). The article is for knowledge managers and information services professionals who may be asked to take on responsibility for GDPR, and focuses on the UK. It covers the fundamentals of EU data protection law, highlights key changes brought about by the GDPR, and provides p

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