Air Passenger Rights: Ten Years On

Consumer Law › European Union Law › Air and Space Law

Air Passenger Rights: Ten Years On

Edited by Michal Bobek · Jeremias Prassl
Hart Publishing January 2016

Specifications

ISBN-13
9781849468244
Publisher
Hart Publishing
Publication
January 2016
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

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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.

Table of Contents

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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