April, 2024
aviation
Air transport. The Court of Justice rules on the ex officio review, by a national judge, of the unfairness of the clause prohibiting the assignment of passenger rights
The national court is not required to examine ex officio the possible unfairness of a clause which, in the contract of carriage concluded between a passenger and an air carrier, prohibits the assignment of rights enjoyed by the former with regard to the latter, where that court has an action for compensation brought before it against that carrier by a commercial company which is the assignee of that passenger’s claim for damages, provided that the company concerned has or has had a genuine opportunity to rely, before that court, on the possible unfairness of the clause in question