Air passenger rights : ten years on / edited by Michal Bobek and Jeremias Prassl.

Format:

Book

Contributor:

Bobek, Michal, 1977- editor.

Prassl, Jeremias, editor.

Series:

EU law in the member states ; Volume 3.

EU law in the member states ; v. 3

Language:

English

Subjects (All):

European Parliament. Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004--Congresses.

European Parliament.

Flight delays--Law and legislation--European Union countries--Congresses.

Flight delays.

Physical Description:

1 online resource (395 p.)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2015.

Language Note:

English

Summary:

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 judgments of the Court of Justice, from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation has led to equally challenging decisions across the Member States, ranging from judicial enthusiasm for passenger rights to domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse to apply its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission's recent publication of reform proposals, controversies appear far from settled. At the same time the Regulation should, according to the Treaty, have uniform, direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do the diverging national interpretations 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 15 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

Contents:

Welcome aboard : revisiting regulation 261

2004

Jeremias Prassl and Michal Bobek

Regulation 261 : three major issues in the case law of the Court of Justice of the EU

Jiří Malenovský

Regulation 261 : the passenger rights framework

Frank Benyon

EU law and the Montreal Convention of 1999

David McClean

Luxembourg v Montreal : time for the Hague to intervene

John Balfour

EU regulations in the member states : incorporating international norms

Silvia Ferreri

Austria and Germany : well-informed passengers, extensive case law and a strong demand for legal certainty

Irena Gogl-Hassanin

The Benelux :small is not less

Pablo Mendes de Leon and Wouter Oude Alink

Bulgaria : blurred lines

Alexander Kornezov

A pair of wings : air passenger rights in the Czech Republic and Slovakia

Kristián Csach

Estonia : all well, or is there something in the air?

Tatjana Evas and Silvia Ustav

France : air passengers facing long-haul judicial journeys

Fabien Le Bot

The Italian experience and trend

Laura Pierallini

Poland : do not adjust your seat, passengers' rights are assured

Krystyna Kowalik-Bańczyk

Spain : defeating air passengers' rights through procedural rules

Mireia Artigot i Golobardes

United Kingdom and Ireland : passenger protection turns a corner

Benjamin Jones

Extraterritorial application : exporting European consumer protection standards

Brian Havel and John Mulligan

The turbulent life of regulation 261 : continuing controversies surrounding EU air passenger rights

Sacha Garben

European private law : up in the air?

Joasia Luzak

Tackling diversity through uniformity? : revisiting the reform of regulation 261

Jeremias Prassl

Uniform rights? : the nature of regulations revisited

Michal Bobek.

Notes:

"The chapters are the fruits of a conference organised jointly by the College of Europe's Law Department and the Oxford University Institute of European and Comparative Law, which took place at the College of Europe in Bruges on 26 and 27 September 2014."

Includes bibliographical references and index.

ISBN:

9781782257967

1782257969

9781782259534

1782259538

OCLC:

946481752