About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2012-10 E.C.R. 1 (2012)

handle is hein.intyb/rcbjcofi0340 and id is 1 raw text is: ZReports of Cases Case C-22/11 Finnair Oyj V Timy Lassooy (Reference for a preliminary ruling from the Korkein oikeus) (Air transport - Regulation (EC) No 261/2004 - Compensation for passengers in the event of denied boarding - Concept of 'denied boarding' - Exclusion from characterisation as 'denied boarding' - Cancellation of a flight caused by a strike at the airport of departure - Rescheduling of flights after the cancelled flight - Right to compensation of the passengers on those flights) Summary - judgment of the Court (Third Chamber), 4 October 2012 1. Transport - Air transport - Regulation No 261/2004 - Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Denied boarding - Concept - Broad interpretation - Whether the concept applies to all situations in which a passenger is refused boarding - Limiting that concept exclusively to cases of overbooking - Not included (European Parliament and Council Regulation No 261/2004, first recital and Arts 2(j), and 4; Council Regulation No 295/91, Art. 1) 2. Transport - Air transport - Regulation No 261/2004 - Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Refusal to allow boarding because of the rescheduling of flights as a result of extraordinary circumstances - The right of the passengers of those flights to compensation (European Parliament and Council Regulation No 261/2004, Recital 15 and Arts 2(j), 4(3) and 13) 1. The concept of 'denied boarding', within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. The EU legislature expanded the scope of the concept of 'denied boarding' beyond merely situations where boarding is denied on account of overbooking referred to previously in Article 1 of Regulation No 295/91 establishing common rules for a denied-boarding compensation system in scheduled air transport, and construed 'denied boarding' broadly as covering all circumstances in which an air carrier might refuse to carry a passenger. ECL:EU:C:2012:604

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most