Browsing Category aviation
Air transport. The Court of Justice rules on the lack of need for a temporal link between the cancelled flight and the re-routing one desired by the passenger
Article 8(1)(c) of Regulation No 261/2004 does not require, for the purposes of its application, the existence of a temporal link between the cancelled flight and the re-routing one desired by a passenger, since such re-routing to the final destination may be requested under comparable transport conditions at a later date, subject to availability of seats
The Court of Justice rules on the case where, despite passengers were informed in advance of the denied boarding, the flight was nonetheless carried out as originally planned
An air passenger who, in the context of a package tour, had a confirmed reservation for a flight may seek compensation from the operating air carrier as provided by Regulation (EC) No 261/2004 where the operator of that tour, without informing the latter in advance, notified that passenger that the flight would not be performed, whereas it was operated as originally planned
The Commission approves the acquisition of a stake in ITA Airways by Lufthansa
The commitments offered by Lufthansa and by the Italian Ministry of Economy and Finance address the competition concerns raised by the Commission, which feared that the transaction, as originally notified, would have reduced competition on a certain number of short and long-haul routes as well as strengthened ITA’s dominant position at the Milan-Linate airport
The Court of Justice rules on the possibility of considering as an “extraordinary circumstance” the detection of a hidden design defect in an aircraft’s engine, even when the air carrier had been informed in advance of its existence
The detection of a hidden defect in the design of the engine of an aircraft which is to operate a flight is covered by the concept of “extraordinary circumstances” within the meaning of Regulation No 261/2004 even where the engine manufacturer had informed the air carrier of its existence several months before the flight concerned
The Court of Justice rules on the possibility to consider technical failures caused by a hidden design defect revealed by the manufacturer after cancellation of the flight as an “extraordinary circumstance”
The occurrence of an unexpected and unprecedented technical failure affecting a new aircraft model recently put into service, which results in the air carrier cancelling a flight, falls within the concept of “extraordinary circumstances” according to Regulation No 261/2004 where the aircraft’s manufacturer recognises, after that cancellation, that that failure was caused by a hidden design defect concerning all aircraft of the same type and impinging on flight safety