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Title Air passenger rights : ten years on / edited by Michal Bobek and Jeremias Prassl
Published Oxford : Hart Publishing, 2016


Description 1 online resource
Series EU law in the member states ; volume 3
Contents Preface ; Contents ; Notes on Contributors ; List of Abbreviations ; Part I: EU-Level Perspectives; 1. Welcome Aboard: Revisiting Regulation 261/2004 ; I. From Landmark Cases to Landmark Legislation ; II. The Multi-Layered Perspectives of a Multi-Dimensional Problem ; III. Understanding the Debate: A Primer on (EU) Aviation Law and Air Passenger Rights ; IV. The Themes and their Implications ; 2. Regulation 261: Three Major Issues in the Case Law of the Court of Justice of the EU ; I. By Way of Introduction ; II. The Relationship Between Regulation 261 and the Montreal Convention
III. The Notion of 'Extraordinary Circumstances' IV. Compensation in the Event of Delayed Flights and the Echo Among Scholars ; V. The Court' Three-Step Algorithm in Sturgeon ; VI. The Choice of Three Hours ; VII. Conclusion ; 3. Regulation 261: The Passenger Rights Framework ; I. Introduction ; II. General Dimension ; III. The International Dimension ; IV. Harmonised Enforcement: By Whom and How? ; 4. EU Law and the Montreal Convention of 1999 ; I. Thoughts on Methodology ; II. Regulation 261 and Article 29 ; III. Compensation and Damages ; IV. Conclusion
5. Luxembourg v Montreal: Time for The Hague to Intervene I. Ex Parte IATA ; II. Sturgeon and Bock ; III. Nelson ; IV. Rodriguez and McDonagh ; V. Conclusions ; 6. EU Regulations in the Member States: Incorporating International Norms ; I. International Law and European Sources of Law ; II. Constitutional Amendments and New Interpretations of Previous Doctrines ; III. Conclusion ; Part II: Member States' Perspectives; 7. Austria and Germany: Well-Informed Passengers, Extensive Case Law and a Strong Demand for Legal Certainty ; I. Introduction ; II. Austria ; III. Germany ; IV. Conclusion
8. The Benelux: Small is not Less I. Introduction ; II. The Netherlands ; III. Belgium and Luxembourg ; IV. Conclusions ; 9. Bulgaria: Blurred Lines ; I. Introduction ; II. First Layer of Blurred Lines: The National Enforcement Body ; III. Second Layer of Blurred Lines: Which Court has Jurisdiction? ; IV. Third Layer of Blurred Lines: Legal Basis, Evidence and Limitation Periods ; V. Fourth Layer of Blurred Lines: Sanctions ; VI. Conclusion: A Muddle of Blurred Lines ; 10. A Pair of Wings: Air Passenger Rights in the Czech Republic and Slovakia ; I. Introduction ; II. Background
III. The National Application of Regulation 261 IV. Supplementary National Legislation ; V. National Enforcement of Claims under Regulation 261 ; VI. Scholarly Analysis and Concluding Remarks ; 11. Estonia: All Well or is there Something in the Air? ; I. Introduction ; II. The Estonian System of Air Passenger Rights Protection ; III. Review of the Judicial and Alternative Dispute Resolution Practice in Estonia ; IV. Scholarly Analysis and Public Debates ; V. Conclusions ; 12. France: Air Passengers Facing Long-Haul Judicial Journeys ; I. Introduction ; II. The French Procedural Background
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 ex parte IATA to Sturgeon. The Regulation has led to equally challenging decisions across the Member States, ranging from judicial enthusiam 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.-- Provided by Publisher
Bibliography Includes bibliographical references and index
Notes Vendor-supplied metadata
Subject European Parliament. Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 -- Congresses
Flight delays -- Law and legislation -- European Union countries -- Congresses
International law.
LAW -- Military.
Flight delays -- Law and legislation.
Aeronautics, Commercial -- Law and legislation.
European Union countries.
Genre/Form Conference papers and proceedings.
Form Electronic book
Author Bobek, Michal, 1977- editor.
Prassl, Jeremias, editor
ISBN 9781782259534