Source: All England Reporter
Publisher Citation: [2012] All ER (D) 132 (Oct)
Court: Court of Justice of the European Union (Third Chamber)

Judges Lenaerts (President), Malenovsky, Juhasz, von Danwitz and Svaby (Rapporteur)

Judgment Dates: 4 October 2012


European Union - Consumer protection - Air Transport - Applicants denied boarding - Applicants requiring compensation for such denial - Whether concept of 'denied boarding' should be regarded as including situation where airline refusing to allow boarding because first flight included in ticket subject to a delay attributable to airline and airline mistakenly expecting passengers not to arrive in time to catch second flight and allowing seats to be taken by other passengers - Council Regulation (EC) 261/2004, arts 2(j),3(2).

The Case

European Union Consumer protection. The Court of Justice of the European Union made a preliminary ruling on arts 2(j) and 3(2) of Council Regulation (EC) 261-2004 (establishing common rules for a denied-boarding compensation system in scheduled air transport) in proceedings concerning two passengers whose boarding cards had been cancelled in a situation where a flight operated by Iberia had been delayed thereby causing the passengers to be late for the next leg of their journey also operated by Iberia.

Practice Areas

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