Source: All England Reporter
Publisher Citation: [2012] All ER (D) 191 (Oct)
Court: Court of Justice of the European Union (Third Chamber)
Judge:

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

Judgment Dates: 4 October 2012

Catchwords

European Union - Air transport - Extraordinary circumstances - Strike in Barcelona resulting in rescheduling of flights - Applicant denied boarding on flight for which he held ticket - Applicant claiming compensation against airline - Whether concept of 'denied boarding', should be interpreted as relating exclusively to cases where boarding denied because of overbooking or whether also applicable to cases where boarding denied on other grounds - Whether occurrence of 'extraordinary circumstances' resulting in rescheduling of flights giving grounds for denying boarding to passenger holding ticket on later flight - Council Regulation (EC) 261/2004, arts 2(j), 4.

The Case

European Union Air transport. The Court of Justice of the European Union made a preliminary ruling onarts 2(j) and 4 of Council Regulation (EC) 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).

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