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The ECJ strictly regulates the possibility for airlines to offer travel vouchers to passengers whose flights have been cancelled, instead of cash refunds. Since the Covid pandemic, tourism professionals, and airlines in particular, have faced serious cash flow difficulties resulting from the massive cancellation of trips and flights. Indeed, the various lockdowns and travel restrictions…
The disruptive and unruly behavior of air passengers (also known as “PAXI”) has increased in recent years. This includes more or less serious facts that may range from refusal to comply with the instructions of the flight crew (including in these times of pandemic) to violence likely to affect the flight safety. This results first…
A tipped over cup of coffee should be considered as an accident in the meaning of the Montreal convention for the European court of justice. The European union is a party to the Montreal convention (since its signature by the European Community on 9 December 1999 and decision of the Council 2001/539/CE dated 5 April…
In this matter (CJUE, 26 juin 2019, aff. C-159/18, André Moens v. Ryanair Ltd), a flight operated by Ryanair was delayed by more than four hours. A passenger decided to sue the airline to obtain the compensation pursuant to article 5 of the EC Regulation No 261/2004. However, the airline denied liability and invoked an extraordinary…
Introduction In construing the EU Regulation No 261/2004, the European Court of Justice has adopted for several years a position favorable to passengers. Such a case law is particularly questionable notably in respect of safety issues given the pro-consumer approach followed by the court. Indeed, none of the court’s decisions considered safety issues, despite its particular weight…
Professionals in the travel sector should now be ready to comply with the directive (UE) n°2015/2302 on package travel and linked travel arrangements (hereinafter « PTD »). In France, the PTD was transposed in three diffferent texts, as follows : Ordonnance n°2017-1717 du 20 décembre 2017. Décret n°2017-1871 du 29 décembre 2017. These two texts are directly transposing…
The new Package Travel Directive (The Directive (EU) n°2015/2302 of 25 November 2015 on package and linked travel arrangements) was clearly adopted to modernise the provisions set out in the previous directive (EC Directive n° 90/314 of 13 June 1990 on package travel, package holidays and package tours). Its purpose was to strengthen the rights of…
The Cour de Casation recently rules that the wrongfull arrest of an aircraft may give rise to compensation when this results in the prejudice (1). In this case, AAS, a company specialised in airlines assistance, had a debt of almost euros 30,000 against a German airline company. Despite numerous request to pay, AAS obtained from…
A new decision from the ECJ was recently rendered in respect of the duty to inform passengers in case of flight cancellation pursuant to the EC Regulation No 261/2004 (11 May 2017, C-302/16, Bas Jacob Adriaan Krijgsman v Surinaamse Luchtvaart Maatschappij NV). In this case, a passenger was informed of the cancellation of his flight less than two…
The ECJ recently ruled on the consequence of an unscheduled stopover for the application of the EC Regulation No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, in a case C-32/16,…
