The Right to a Compensation In Case Of Long Delay of Flights: A Proposal for a Future Reform
Fecha
2019-09-01Autor
Estado
info:eu-repo/semantics/publishedVersionMetadatos
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. The European Court of Justice case law on Regulation (EC) No 261/2004 has
set out the right to a standardized compensation in case of long delay of a flight, a right
which is not recognized according to the wording of the Regulation. The procedure to
amend the European text is currently on a standstill, something that constitutes an
opportunity to debate the future of the referred right. This article presents several
options, showing a preference for coming back to the wording of the Regulation and
not to recognize the right to a standardized compensation in case of long delay. A
second proposal, more realistic, consists on replacing the lump sum compensation for
one calculated on the basis of the ticket price. The arguments offered in the article
concern both an abstract and a specific dimension, that is, both the rationale behind the
current rule and its content are considered. The first set of arguments focuses on the
justification for regulation and on some EU goals, such as enhancing consumer protection
and fostering the internal market. The second set of arguments highlights some
criticisms raised against the European Court of Justice (ECJ)’s case law and the fact that
the current rule distorts competition because it favours certain business models, something
that may ultimately harm European consumers.
The Right to a Compensation In Case Of Long Delay of Flights: A Proposal for a Future Reform
Tipo de Actividad
Artículos en revistasISSN
1875-8371Palabras Clave
.Passengers rights, Compensation, delay, Consumer protection, Cancellation, Denied boarding.