Browsing Tag Court of Justice
Public passenger transport services by rail and by road. The Court of Justice rules on the obligation for the competent authority to grant public service compensation to operators
The competent authorities are required to compensate undertakings providing in the territory of the Member State concerned a public transport service by road and by rail for the net financial effect on costs incurred and revenues generated in complying with the obligation for those undertakings, established through a general rule, to carry certain categories of traveller free of charge
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