Browsing Tag Court of Justice
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
Air transport. Advocate General Jean Richard de la Tour finds that EU law does not prevent the conferral on a national body of the power to request air carriers the payment of a pecuniary compensation to passengers
Advocate General Jean Richard de la Tour stated in his opinion that article 16, paragraph 1, of Regulation 261/2004 does not preclude national law from conferring on a national body the power to request an air carrier the payment of a compensation to a passenger for the cancellation or long delay of a flight, insofar as the air carrier and the passenger are not precluded from bringing an action before the national judge on matters pertaining to the compensation.