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13 Cuadernos Derecho Transnacional 882 (2021)
Validity of Choice of Court Agreements, Abusive Terms in Air Carriage Contracts, Assignments and Compensation, Is There Room for Anyone Else? (Comments on CJEU Judgment Delayfix, C-519/19)

handle is hein.journals/cudetns13 and id is 2048 raw text is: VALIDITY OF CHOICE OF COURT AGREEMENTS, ABUSIVE TERMS IN AIR CARRIAGE CONTRACTS, ASSIGNMENTS AND COMPENSATION, IS THERE ROOM FOR ANYONE ELSE? (COMMENTS ON CJEU JUDGMENT DELAYFIX, C-519/19) VALIDEZ DE CLAUSULAS DE ELECCION DE FORO, CLAUSULAS ABUSIVAS EN CONTRATOS DE TRANSPORTE DE PASAJEROS AEREOS Y CESION DE CREDITOS: DONDE CABEN DOS, CABEN TRES? (COMENTARIOS A LA STJUE DELAYFIX, C-519/19) DR. ANNA MARIA Ruiz MARTIN* Lecturer in Law - Research Fellow Genova Business School - Universitat Oberta de Catalunya Recibido: 14.06.2021/ Aceptado: 14.07.2021 DOI: https://doi.org/10.20318/cdt.2021.6304 Abstract: In Delayfix case, the Court of Justice of the European Union (CJEU) has interpreted the formal and substantive validity of a choice of court agreement included in an air carriage of passenger's contract. But, for the first time, the CJEU has openly declared the unfair nature of these choice of court agreements, not only for the passengers, but also for third parties assigned by them. In opposition with former case law on the effects of a choice of court agreement for assignees. In carriage of passengers' contracts, third parties are usually agencies devoted to the defense of air passenger rights and collection of credits who claim for the compensation rights in accordance with the rights conferred by Regulation 261/2004. From the EU Private International Law approach, the preliminary ruling is of interest, being the Brussels I bis regulation the instrument for clarifying whether this choice of court agreement should be deemed as enforceable or not, regarding the requirements of Article 25 Brussels I bis due to these contracts are not considered as consumer contracts. To the analysis of the merits and substantive law, contrarily than under EU Private International law rules these contracts are considered as Business to consumer (B2C) contracts, and Directive 93/13/CEE and other EU Consumer rules must be applied so as to determine the unfair nature of these clauses in these contracts. Key words: B2C contracts, passenger, consumer, professional, assignment, passengers' rights, choice of court agreements, consent, substantial validity, lexfori prorrogatio, renvoi, air carriage con- tracts, weaker party, abusive terms, assignee, assignment, Brussels I bis regulation, Regulation 261/2004, Directive 93/13, asymmetric clauses. * The author is very grateful and will always remain grateful to the Unit E.2 Consumers and Marketing Law at DG JUST (European Commission), wherein she was shortlisted to perform the Bluebook October Program 2020 (020) granted by the European Commission. Thank you very much for all what I could learn and for the useful discussions on EU Consumer law, especially on the UCTD. Cuadernos de Derecho Transnacional (Octubre 2021), Vol. 13, N0 2, pp. 882-895 882 ISSN 1989-4570 - www.uc3m.es/cdt - DOI: https://doi.org/10.20318/cdt.2021.6304

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