Case C-344/04, The Queen ex parte International Air Transport Association, European Low Fares Airline Association v. Department for Transport

Abstract:

If you have travelled into or out of a European Community airport since February 2005 when it came into effect, you may already be familiar with the main provisions of Regulation 261/2004. The objectives of the Regulation appear from the preamble, according to which denied boarding (overbooking or bumping), the late cancellation of flights, and long delays 'cause serious trouble and inconvenience to passengers', and the number of passengers affected by these incidents is too high.

By far the most controversial provisions of the Regulation are Articles 5 and 6, which define the rights to which a passenger is entitled respectively in case of late cancellation and delay. The International Air Transport Association and the European Low Fares Airline Association both challenged the validity of the Regulation in judicial review proceedings before the administrative section of the High Court in London. Details of the proceedings are presented.

+ Judgement in Case C-344/04 | International Air Transport Association and European Low Fares Airline Association v Department for Transport