201904.24
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Is the ECJ really concerned by passengers’ safety?

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…

201806.29
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Here comes the travel directive!

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…

201710.30
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The implementation of the new PTD in France: a balanced deal between all actors?

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…

201706.26
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Flight cancellation and passengers information

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…

201610.18
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Unscheduled stopover and passengers rights

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,…

201608.26
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Cost-shared flights in France: applicable rules

Services for cost-shared flights offered through Internet platforms tends to develop as did carpooling services. In France, the French civil aviation authority (DGAC) was concerned about this new type of service. The position of the DGAC A working group headed by the DGAC concluded on 16 January 2016 that cost-shared flights should be considered as…