Source: All England Reporter
Publisher Citation: [2009] All ER (D) 108 (Jan)
Court: Court of Justice of the European Communities (Fourth Chamber)
Judge:

Judges Lenaerts (President), von Danwitz, Juhasz, Arestis and Malenovsky (Rapporteur)
Judgment Dates: 22 December 2008

Catchwords

European Community - Consumer protection - Carriage by air - Compensation and assistance to passengers in event of denied boarding and of cancellation or long delay of flights - Applicant's flight cancelled by respondent air carrier as result of technical defect - Applicant claiming compensation from respondent - Reference for preliminary ruling - Whether technical defect resulting in the cancellation of a flight constituting extraordinary circumstances within the meaning of relevant Regulation - Parliament and Council Regulation (EC) 261/2004, arts 5 and 7 - Convention for the Unification of Certain Rules for International Carriage by Air, art 19.

The Case

European Community Consumer protection. The Court of Justice of the European Communities made a reference in the context of proceedings between the parties arising from the respondent Alitalia's refusal to pay compensation to the applicant, whose flight had been cancelled.

Practice Areas

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