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Disproportionate Jurisprudence: The CJEU’s Approach to Proportionality in Regulation 261/2004

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Chapter Summary

The principle of proportionality, as applied in regulating the exercise of powers by the European Union, is a product of civil law rather than common law jurisprudence. Article 5.1 of the Treaty on European Union requires that the use of Union competences is governed by the principles of subsidiarity and proportionality. The European Court of Human Rights further referred to Court of Justice European Union (CJEU) case-law which establishes that the importance of consumer protection is such that it may justify even substantial negative economic consequences for certain economic operators. The CJEU concluded in the case of McDonagh v Ryanair that there was no temporal or monetary limit on the duty to provide care. It is acknowledged that on the pure wording of the Regulation the court was quite correct in that regard.

Keywords: civil law; CJEU; common law jurisprudence; European Court of Human Rights; McDonagh judgment; Regulation 261/2004; Ryanair; Treaty on European Union



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