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Sturgeon and Others v Condor Flugdienst GmbH: ECJ 19 Nov 2009

The claimants’ flights had been cancelled. In one case the passengers had been booked on an alternative flight which had been treated as a substitute for the original flight and the carriage had been performed under the original tickets. In the other, the passengers were booked on a flight operated by another airline and fresh … Continue reading Sturgeon and Others v Condor Flugdienst GmbH: ECJ 19 Nov 2009

Stott v Thomas Cook Tour Operators Ltd and Another: CA 7 Feb 2012

The claimants were disabled and, despite promises, had not had their seating needs met when flying with the defendants. Judges: Maurice Kay LJ VP CA, Sullivan LJ, Janet Smith Dame Citations: [2012] EWCA Civ 66 Links: Bailii Statutes: Regulation (EC) No 1107/2006, Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced … Continue reading Stott v Thomas Cook Tour Operators Ltd and Another: CA 7 Feb 2012

Civil Aviation Authority (Decision Notice): ICO 29 May 2008

The complainant made a request for the names of the carriers and details of the investigation the public authority conducted in ten specific cases, and names of other carriers it was currently investigating for non-compliance with Council Regulation (EC) No. 261/2004 which established common rules on compensation and assistance to air passengers. The public authority … Continue reading Civil Aviation Authority (Decision Notice): ICO 29 May 2008

Flightright GmbH v Air Nostrum,Lineas Aereas del Mediterraneo SA: ECJ 7 Mar 2018

ECJ Jurisdiction In Civil and Commercial Matters – Judgment – Reference for a preliminary ruling – Area of Freedom, Security and Justice – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5(1) – Regulation (EU) No 1215/2012 – Article 7(1) – Concept of ‘matters relating to a contract’ – Contract … Continue reading Flightright GmbH v Air Nostrum,Lineas Aereas del Mediterraneo SA: ECJ 7 Mar 2018

OI v Air Nostrum: ECJ 30 Apr 2020

Air Passengers denied boarding – Compensation Air Transport – Compensation for Air Passengers In The Event of Denied Boarding – Judgment Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Compensation for air passengers in the event of denied boarding – Denied boarding – Cancellation – Connecting flights – Change … Continue reading OI v Air Nostrum: ECJ 30 Apr 2020

Siewert And Others v Condor Flugdienst GmbH: ECJ 14 Nov 2014

ECJ Order Of The Court – Preliminary reference – Rules of Procedure – Article 99 – Air transport – Regulation (EC) No 261/2004 – Long delay of flights – Right passengers for compensation – Conditions for exemption of air carrier of its obligation to Compensation – Concept of ‘extraordinary circumstances’ – Jet damaged by a … Continue reading Siewert And Others v Condor Flugdienst GmbH: ECJ 14 Nov 2014

Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority: ECJ 30 Nov 2011

Order – joinder of cases [2011] EUECJ C-581/10, C-581/10 Bailii Cited by: Order – Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority ECJ 23-Oct-2012 ECJ Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in … Continue reading Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority: ECJ 30 Nov 2011

Varano v Air Canada: QBD 17 May 2021

The Claimant sought compensation from the defendant airline in the fixed sum of 600 Euros in respect of a delayed flight in April 2016. The claim was brought pursuant to Article 7 of Parliament and Council Regulation (EC) No 261/2004 of 11 February . .

Airhelp (Order): ECJ 14 Jan 2021

Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Air transport – Regulation (EC) No 261/2004 – Article 5 (3) – Right to compensation in the event of cancellation or long delay of a flight – Concept . .

Denise McDonagh v Ryanair Ltd: ECJ 31 Jan 2013

ECJ Air transport – Regulation (EC) No 261/2004 – Notion of ‘extraordinary circumstances’ – Obligation to provide assistance to passengers in the event of cancellation of a flight due to ‘extraordinary circumstances’ – Volcanic eruption leading to the closure of air space – Eruption of the Icelandic volcano Eyjafjallajokull Judges: K Lenaerts Citations: C-12/11, [2013] … Continue reading Denise McDonagh v Ryanair Ltd: ECJ 31 Jan 2013

Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority: ECJ 23 Oct 2012

ECJ Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in the event of delay of flights – Compatibility Judges: V. Skouris, P Citations: C-581/10, [2012] EUECJ C-581/10 Links: Bailii Statutes: Regulation (EC) No 261/2004 Citing: Order – Nelson v … Continue reading Nelson v Deutsche Lufthansa AG, International Air Transport Association v Civil Aviation Authority: ECJ 23 Oct 2012

Cachafeiro, Varela-Villamor v Iberia, Lineas Aereas De Espana Sa: ECJ 4 Oct 2012

ECJ Air transport – Regulation (EC) No 261/2004 – Compensation for passengers in the event of denied boarding – Concept of ‘denied boarding’ – Cancellation of a passenger’s boarding card by an air carrier because of the anticipated delay to an earlier flight also operated by it which included check-in for the flight concerned Judges: … Continue reading Cachafeiro, Varela-Villamor v Iberia, Lineas Aereas De Espana Sa: ECJ 4 Oct 2012

Finnair Oyj v Lassooy: ECJ 4 Oct 2012

ECJ 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 … Continue reading Finnair Oyj v Lassooy: ECJ 4 Oct 2012

Wallentin-Hermann v Alitalia Linee Aeree Italiane SpA: ECJ 22 Dec 2008

ECJ Carriage by air Regulation (EC) No 261/2004 Article 5 – Compensation and assistance to passengers in the event of cancellation of flights Exemption from the obligation to pay compensation Cancellation due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Judges: K. Lenaerts, President of Chamber … Continue reading Wallentin-Hermann v Alitalia Linee Aeree Italiane SpA: ECJ 22 Dec 2008

Mote v Regina: CACD 21 Dec 2007

The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges. Held: There had been no abuse of process in prosecuting the defendant whilst he was a member … Continue reading Mote v Regina: CACD 21 Dec 2007

Regina, ex parte International Air Transport Association, European Low Fares Airline Association v Department for Transport: ECJ 10 Jan 2006

ECJ Carriage by air – Regulation (EC) No 261/2004 – Articles 5, 6 and 7 -Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Validity – Interpretation of Article 234 EC Judges: V Skouris, P Citations: C-344/04, [2006] EUECJ C-344/04, Times 16-Jan-2006, [2006] ECR … Continue reading Regina, ex parte International Air Transport Association, European Low Fares Airline Association v Department for Transport: ECJ 10 Jan 2006

EP, GM v Corendon Airlines Turistik Hava Tasimacilik AS: ECJ 21 Dec 2021

Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1) – Change in the departure time of a flight – Departure postponed by approximately three hours – … Continue reading EP, GM v Corendon Airlines Turistik Hava Tasimacilik AS: ECJ 21 Dec 2021

Wirth and Others v Thomson Airways Ltd: ECJ 4 Jul 2018

Transport – Definition of ‘Operating Air Carrier’ – Judgment – Reference for a preliminary ruling – Transport – Regulation (EC) No 261/2004 – Article 2(b) – Scope – Definition of ‘operating air carrier’ – Lease of aircraft including crew ‘Wet lease’ Citations: C-532/17, [2018] EUECJ C-532/17, [2018] WLR(D) 412 Links: Bailii, WLRD Jurisdiction: European Transport … Continue reading Wirth and Others v Thomson Airways Ltd: ECJ 4 Jul 2018

Wegener v Royal Air Maroc SA: ECJ 31 May 2018

Consumer Protection – Definition of ‘Connecting Flight’ – Judgment – Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(1) – Scope – Definition of ‘connecting flight’ – Flight departing from an airport situated in the territory of a Member State, including a transfer at an airport situated in … Continue reading Wegener v Royal Air Maroc SA: ECJ 31 May 2018

Airhelp (Retard De Vol De Reacheminement) (Judgment): ECJ 24 Feb 2022

Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(1) – Scope – Connecting flight to and from a third country – Single reservation with a Community air carrier – Connection on the territory of a Member State – Article 5(1)(c)(iii) and Article 7 – Delayed onward flight – … Continue reading Airhelp (Retard De Vol De Reacheminement) (Judgment): ECJ 24 Feb 2022

Krusemann and Others: ECJ 17 Apr 2018

Judgment Reference for a preliminary ruling – Transport – Common rules on compensation and assistance to passengers in the event of denied boarding and cancellation or long delay of flights – Regulation (EC) No 261/2004 – Article 5 , paragraph 3 – Article 7, paragraph 1 – Right to compensation – Exemption – Concept of … Continue reading Krusemann and Others: ECJ 17 Apr 2018

Krusemann and Others v TUIfly GmbH: ECJ 12 Apr 2018

Air Transport – Compensation To Passengers In The Event of Denied Boarding – Opinion – Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights -Notion of ‘extraordinary circumstances’ – Massive … Continue reading Krusemann and Others v TUIfly GmbH: ECJ 12 Apr 2018

Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015

The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015

The Civil Aviation Authority v Ryanair Dac: CA 2 Feb 2022

Judges: Lord Justice Lewison Lord Justice Newey And Lord Justice Snowden Citations: [2022] EWCA Civ 76 Links: Bailii Statutes: Parliament and Council Regulation (EC) No 261/2004 Jurisdiction: England and Wales European, Transport Updated: 02 April 2022; Ref: scu.671800

Gahan v Emirates: CA 12 Oct 2017

The court was asked whether the right to compensation against a non-Community carrier is available at all under Regulation 261, if the flight is to a destination outside the EU, and whether the right to compensation can take account of delay on a connecting flight starting or ending outside the EU. Judges: Arden Lewison, McCombe … Continue reading Gahan v Emirates: CA 12 Oct 2017

LOT Polish Airlines: ECJ 3 Feb 2022

Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(1)(b),second indent – Special jurisdiction in contractual matters – Concept of ‘place of performance of the obligation which serves as the basis for the … Continue reading LOT Polish Airlines: ECJ 3 Feb 2022

Wunderlich v Bulgarian Air Charter Limited: ECJ 5 Oct 2016

ECJ (Order) Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Absence of reasonable doubt – Air transport – Regulation (EC) No 261/2004 – Article 2(l) – Definition of ‘cancellation’ – Flight making an unscheduled stopover C-32/16, [2016] EUECJ C-32/16 – CO, ECLI:EU:C:2016:753 Bailii European Transport Updated: … Continue reading Wunderlich v Bulgarian Air Charter Limited: ECJ 5 Oct 2016

Mennens v Emirates Direktion fur Deutschland: ECJ 22 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 2(f) and Article 10(2) – Partial reimbursement of the ticket price where a passenger is downgraded on a flight – Concepts of ‘ticket’ and ‘price of the ticket’ – Calculation of the reimbursement owed to the passenger L. … Continue reading Mennens v Emirates Direktion fur Deutschland: ECJ 22 Jun 2016

THE v Transportes Aereos Portugueses: ECJ 27 Feb 2020

(Opinion) Reference for a preliminary ruling – Air transport – Common rules on compensation and assistance to passengers in the event of denied boarding and cancellation or long delay of a flight – Regulation (EC) No 261/2004 – Article 5, paragraph 3 – Article 7, paragraph 1 – Right to compensation – Exemption – Concept … Continue reading THE v Transportes Aereos Portugueses: ECJ 27 Feb 2020

Kralova v Primera Air Scandinavia: ECJ 26 Mar 2020

(Judgment) Reference for a preliminary ruling – Area of ??freedom, security and justice – Jurisdiction and enforcement of decisions in civil and commercial matters – Regulation (EC) No 44/2001 – Article 5, point 1 – Jurisdiction in contractual matters – Articles 15 to 17 – Jurisdiction over contracts concluded by consumers – Regulation (EC) No … Continue reading Kralova v Primera Air Scandinavia: ECJ 26 Mar 2020

Blue Air – Airline Management Solutions: ECJ 30 Apr 2020

(Judgment) Reference for a preliminary ruling – Area of ??freedom, security and justice – Border checks, asylum and immigration – Decision No 565/2014 / EU – Simplified system for checking persons at external borders – Third-country national holding a temporary residence permit issued by a Member State – Article 3 – Recognition by Bulgaria, Croatia, … Continue reading Blue Air – Airline Management Solutions: ECJ 30 Apr 2020

Flight Refund v Deutsche Lufthansa AG: ECJ 10 Mar 2016

ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – European order for payment procedure – Regulation (EC) No 1896/2006 – Articles 17 and 20 – Obligations of a court seised in order to designate the court with territorial jurisdiction to hear contentious proceedings … Continue reading Flight Refund v Deutsche Lufthansa AG: ECJ 10 Mar 2016

Barreiro, Alonso, Rodriguez v Air France SA: ECJ 13 Oct 2011

Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 2(l) – Compensation for passengers in the event of cancellation of a flight – Meaning of ‘cancellation’ – Article 12 – Meaning of ‘further compensation’ – Compensation under national law K Lenaerts, P [2011] EUECJ C-83/10, [2012] Bus LR 1596 … Continue reading Barreiro, Alonso, Rodriguez v Air France SA: ECJ 13 Oct 2011

Germanwings GmbH v Ronny Henning: ECJ 4 Sep 2014

ECJ (Judgment) Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Articles 2, 5 and 7 – Right to compensation in the event of a long delay to a flight – Length of delay – Concept of ‘arrival time’ M. Safjan, P C-452/13, [2014] EUECJ C-452/13 Bailii Regulation (EC) No … Continue reading Germanwings GmbH v Ronny Henning: ECJ 4 Sep 2014

Jet2Com Ltd v Huzar: CA 11 Jun 2014

The claimant passenger complained that he had not been compensated as required when his flight was delayed. The airline now appealed against a decision that a mechanical fault in the aircraft did not amount to exceptional circumstances so as to excuse the airline form paying compensation. Held: The appeal failed. There was no explicit definition … Continue reading Jet2Com Ltd v Huzar: CA 11 Jun 2014

Eurowings (Air Transport – Common Rules On Compensation and Assistance To Passengers In The Event of Cancellation or Long Delay – Judgment): ECJ 6 Oct 2021

Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Strike by airline staff – Strike … Continue reading Eurowings (Air Transport – Common Rules On Compensation and Assistance To Passengers In The Event of Cancellation or Long Delay – Judgment): ECJ 6 Oct 2021

Air France Sa v Heinz-Gerke Folkerts: ECJ 26 Feb 2013

airfrance_folkertsECJ2013 ECJ (Grand Chamber) Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Articles 6 and 7 – Connecting flight(s) – Delay in arrival at the final destination – Delay equal to or in excess of three hours – A passenger’s right to compensation V Skouris, P C-11/11, [2013] EUECJ … Continue reading Air France Sa v Heinz-Gerke Folkerts: ECJ 26 Feb 2013

Barreiro, Alonso, Rodriguez v Air France: ECJ 28 Jun 2011

barreiroECJ11 ECJ Air transport – Assistance, care and compensation for passengers – Meaning of ‘cancellation’ and ‘further compensation’ C-83/10, [2011] EUECJ C-83/10 Bailii Cited by: Opinion – Barreiro, Alonso, Rodriguez v Air France SA ECJ 13-Oct-2011 Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 2(l) – Compensation for … Continue reading Barreiro, Alonso, Rodriguez v Air France: ECJ 28 Jun 2011

Ruijssenaars and Jansen v Staatssecretaris van Infrastructuur en Milieu: ECJ 17 Mar 2016

ECJ Judgment Air transport – Regulation (EC) No 261/2004 – Article 7 – Compensation payable to passengers in the event that their flight is cancelled or delayed by more than three hours – Article 16 – National bodies responsible for the enforcement of the regulation – Powers – Adoption of enforcement measures against the air … Continue reading Ruijssenaars and Jansen v Staatssecretaris van Infrastructuur en Milieu: ECJ 17 Mar 2016

Dawson v Thomson Airways Ltd: CA 19 Jun 2014

The claimant’s flight had been delayed for six hours. The airline said that the claim having been made outside the two year period applicable under the Montreal convention, no compensation was payable. Held: The claimant’s appeal failed. ‘We are bound to follow and apply the decisions of the European Court in relation to the nature … Continue reading Dawson v Thomson Airways Ltd: CA 19 Jun 2014

Stott v Thomas Cook Tour Operators Ltd: SC 5 Mar 2014

The Court was asked whether a person may recover damages for discomfort and injury to feelings caused by a breach of the 2007 Regulations, which implement EC Regulation No. 1107/2006. The disabled passenger claimant alleged failure by the defendant air carrier to make reasonable efforts to provide his seating needs. Held: Such a claim was … Continue reading Stott v Thomas Cook Tour Operators Ltd: SC 5 Mar 2014