Browsing Category aviation
Compensation and assistance to passengers. The Court of Justice rules on the task of the national body responsible for the enforcement of Regulation 261/2004
Member States have the power to authorise the national body responsible for the enforcement of Regulation (EC) No 261/2004 to compel an air carrier to pay the compensation due to passengers where an individual complaint has been made to that national body by a passenger, and provided that it is open to that passenger and that air carrier to bring proceedings before the courts
Air transport. The Court of Justice ruled that a failure of the aircraft refuelling system can be regarded as an extraordinary circumstance within the meaning of Regulation (EC) No 261/2004
By its judgement in Case C‑308/21, the Court of Justice ruled that, where the airport of origin of the flights or aircraft is responsible for the aircraft refuelling system, a generalised breakdown in the supply of fuel can be regarded as an ‘extraordinary circumstance’ within the meaning of article 5(3) of Regulation (EC) No 261/2004.
Liability of air carriers for death or injury sustained by passengers. The Court of Justice rules on the concept of “damage suffered caused or contributed to by the negligence or other wrongful act or omission of that injured passenger”
Where an accident, which caused damage to a passenger, consists of his/her fall, for no ascertainable reason, on a mobile stairway set up for the disembarkation of the passengers of an aircraft, the air carrier concerned may be exonerated from its liability towards that passenger only to the extent that, taking account of all the circumstances in which that damage occurred, it proves, in accordance with the applicable national rules and subject to the observance of the principles of equivalence and effectiveness, that the damage suffered by that passenger was caused or contributed to by the negligence or other wrongful act or omission of that passenger