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Regulation 261/2004 – Passengers’ Right to Compensation in Case of Flight Delay. Looking for a Fair Balance of Interests. The Role of the Court of Justice of the EU and the Risk to Waste a Chance for Reform

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Chapter Summary

The regulation at European Union level concerning air passengers' rights is one of the most important and discussed topics in the aviation sector, as it involves both passengers' and air carriers' interests, for which it was - and it still is - difficult to reach a fair and effective balance. This chapter deals with the issues related to compensation in favour of passengers in case of delayed flights under the European regulation and the European Court of Justice case law, focusing also on the questions related to its compatibility with the Montreal Convention, with a view on the Italian experience, to conclude by analysing the proposal for the reform of Regulation 261/2004. The European Commission codifies the position taken by the European Court of Justice as to the passengers' right to compensate in case of long delays established in the Sturgeon judgement.

Keywords: aviation sector; delayed flights; EC regulation 261/2004; European Commission; European Court of Justice case law; Montreal Convention; Sturgeon judgement

10.1163/9789004260641_010
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