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Air Passenger Rights: Ten Years On

Air Passenger Rights: Ten Years On

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509921188
  • Published In: April 2018
  • Format: Paperback
  • Jurisdiction: European Union ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
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    Regulation 261/2004 on Air Passengers’ Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial CJEU judgments, from ex parte IATA to Sturgeon.

    At the same time the Regulation should, according to the Treaty, have the same direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do they have for the EU’s regulatory strategy at large?

    This book brings together leading experts in the field to present a series of case studies from 10 different Member States as well as the extra-territorial application of Regulation 261 combined with high-level analysis from the perspectives of Aviation law and EU law.

  • 1. Welcome Aboard: Revisiting Regulation 261/2004

    Part I: EU-Level Perspectives
    2. Regulation 261: Three Major Issues in the Case Law of the Court of Justice of the EU
    3. Regulation 261: The Passenger Rights Framework
    4. EU Law and the Montreal Convention of 1999
    5. Luxembourg v Montreal: Time for The Hague to Intervene
    6. EU Regulations in the Member States: Incorporating International Norms

    Part II: Member States ’ Perspectives
    7. Austria and Germany: Well-Informed Passengers, Extensive Case Law and a Strong Demand for Legal Certainty
    8. The Benelux: Small is not Less
    9. Bulgaria: Blurred Lines
    10. A Pair of Wings: Air Passenger Rights in the Czech Republic and Slovakia
    11. Estonia: All Well or is there Something in the Air ?
    12. France: Air Passengers Facing Long-Haul Judicial Journeys
    13. The Italian Experience and Trend
    14. Poland: Do Not Adjust Your Seat, Passengers ’ Rights are Assured
    15. Spain: Defeating Air Passengers ’ Rights Through Procedural Rules
    16. United Kingdom and Ireland: Passenger Protection Turns a Corner
    17. Extraterritorial Application: Exporting European Consumer Protection Standards

    Part III: Broader Horizontal Perspectives 18. The Turbulent Life of Regulation 261: Continuing Controversies Surrounding EU Air Passenger Rights
    19. European Private Law: Up in the Air ?
    20. Tackling Diversity Through Uniformity ? Revisiting the Reform of Regulation 261/2004
    21. Uniform Rights ? The Nature of Regulations Revisited

    Selected Bibliography
    Index

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