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Everything you always wanted to know about Air Passenger Rights
but airlines were afraid to tell you
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The wait is almost over: the European Court will hand down its decision in the Nelson and TUI cases on Tuesday 23rd October at 9.30am.
A quick reminder: in Sturgeon (2009) the European Court decided that passengers have a right to compensation in case of a delay of three hours or more (unless the delay was caused by extraordinary circumstances). The airlines were furious and have urged the European Court to change its mind. It is unlikely that the Court will do so but we will only know for sure when the Court has spoken on 23rd October. It will then hand down its decision in two combined cases: TUI and Nelson.
Two thoughts may be worth mentioning.
First, it is clear that the European Court has not rushed its decision, thus depriving the airlines from the argument that the Court has not seriously looked at their arguments and declare the new Court’s decision ‘invalid’ again...
Second, in early October some judges’ tenures expire, new judges are sworn in and the President of the European Court is elected. This means that the decision will be of the Court in its new composition, thus depriving the airlines from the argument that the decision is invalid because it was decided by the old court. Of course, this is a nonsensical argument but in the past the airlines have shown to be very creative in this respect.
Before that D-Day for airlines and passengers two other decisions on Air Passenger Rights will be published: Finnair (C-22/11) and Rodriguez Cachafero (C-321/11), both about denied boarding and both will be published on Thursday 4 October. Click here for the Opinion of Advocate-General Bot in the Finnair case.
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Everything you always wanted to know about Air Passenger Rights
but airlines were afraid to tell you
Air Passenger Rights Book - Air Passenger Rights App - Passagiersgids
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