Thursday, 27 February 2014

Article on recent case law of Supreme Courts regarding Reg. 261/2004

Greek-speaking readers may find interesting my article on recent case law of Supreme Courts concerning Regulation 261/2004 on airline passenger rights, published in Annals of Private Law, issue 12/2012 (Χρονικά Ιδιωτικού Δικαίου).  

The article examines recent case law on denied boarding, delay and cancellation of flights. It regards judgments of the CJEU and the German Supreme Court (BGH) published between June 2012 and September 2013. The judgments are analysed taking into account the European Commission’s proposal on the review of the Regulation 261/2004 [COM (2013) 130 final – 13.3.2013] as well as the European Parliament’s report thereon [2013/0072 (COD) – 6.9.2013].

The article presents case law and the related comments in topics, i.e. relation of Regulation 261/2004 and the 1999 Montreal Convention (CJEU joint cases C-581/10 Nelson και C-620/10 TUI Τravel and others, CJEU C-139/11 Cuandrench Moré), notion of “flight” (BGH X ZR 12/12, CJEU C-11/11 Folkerts, BGH Χ ΖR 127/11), scope of “denied boarding” and “extraordinary circumstances” (CJEU C-321/11 Cachafeiro, CJEU C-22/11 Finnair, BGH Χ ΖR 138/11, BGH Χ ΖR 160/12 and Χ ΖR 129/12) and extent of the carrier’s obligation to provide care (CJEU C-12/11 McDonagh).

The article (in Greek) can be downloaded from here.

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