Europese vliegtuigpassagiersrechten bij vertraagde en geannuleerde vluchten : een onderzoek naar de invloed van de Europese wetgever en het Europese Hof van Justitie

This book analysed the influence of the European legislator and the European Court of Justice on European air passenger rights (in cases of delayed and cancelled flights). After an introductory section (part [1]), the thesis lifted off in part [2] by documenting its sources (the Air Passenger Rights Regulation and the Montreal Convention). Part [2] also revealed the conflict of exclusivity between these two legal instruments. How the European Court of Justice coped with this conflict, what the alternatives were and are, and what steps can be taken by the European legislator, were discussed in part [3]. Part [4] explored how the concept of “flight” was interpreted by the European Court of Justice, how it will be interpreted by the European legislator and how it should be legally-technically interpreted by all actors concerned. Part [5] focused on two questions: “When is a flight ‘delayed’ or ‘cancelled’?” and “What are the differences in passenger protection due to the qualifications ‘delayed’ or ‘cancelled’?” It explored which criteria were applied by the European Court of Justice, how the Court extended passenger rights in cases of delayed flights, what the shortcomings are and in what way the European legislator wants to reverse the Court’s extensions. Part [6] studied the mass-produced European jurisprudence on “extraordinary circumstances”. This justification ground makes it possible for airlines to relieve themselves of (one of) their obligations. The resulting tangle of conditions, criteria and additional questions that were created by the Court were explained and clarified, and structured into a comprehensive scheme. Part [7] considered how the Air Passenger Rights Regulation was complied with and enforced in practice. After highlighting some data on compliance, part [7] examined how the European legislator regulated enforcement and how he wants to enhance compliance in the future. The journey drew to a close in part [8], which set out the conclusions, and ended in part [9] with the appendices.

ISBN:9789048632824

Publication year:2019

Accessibility:Closed