Post by account_disabled on Feb 14, 2024 2:42:50 GMT -7
Aof these articles the situation was resolved by the ruled in this regard in the related cases C and C Sturgeon broadly establishing that the compensation provisions are also applicable in the event of a flight delay of hours or more compared to the originally scheduled time. Through related cases C and C the Court ruled that a delayed flight regardless of the duration of the delay even if it is prolonged cannot be considered a canceled flight if it is carried out in accordance with the schedule previously provided by the air transport operator thus interpreting articles and of.
Regulation EC no. . passengers of delayed flights can be assimilated Mali Email List to passengers of canceled flights in order to apply the right to compensation thus giving meaning to articles and of Regulation EC no. . The condition in this situation is that the delay is greater than or equal to three hours that is the passengers arrive at their destination three hours or more late than the originally scheduled time. the cause of exoneration of the liability of the air transport operator provided for in article paragraph of the Regulation remains applicable if he proves that the delaycancellation is caused by extraordinary circumstances that could not be avoided despite the adoption of all measures possible.
A technical problem suffered by an aircraft does not fall within the scope of the notion of exceptional circumstances unless they are inherent in the exercise of the air transport operators activity. The solution of the Court of Justice of the European Union is natural considering that both in case of flight delay and flight cancellation passengers face the same problem a loss of time generically speaking and it is normal to benefit from equal treatment. It should also be noted that there is no conflict in the application of the Montreal Convention and.
Regulation EC no. . passengers of delayed flights can be assimilated Mali Email List to passengers of canceled flights in order to apply the right to compensation thus giving meaning to articles and of Regulation EC no. . The condition in this situation is that the delay is greater than or equal to three hours that is the passengers arrive at their destination three hours or more late than the originally scheduled time. the cause of exoneration of the liability of the air transport operator provided for in article paragraph of the Regulation remains applicable if he proves that the delaycancellation is caused by extraordinary circumstances that could not be avoided despite the adoption of all measures possible.
A technical problem suffered by an aircraft does not fall within the scope of the notion of exceptional circumstances unless they are inherent in the exercise of the air transport operators activity. The solution of the Court of Justice of the European Union is natural considering that both in case of flight delay and flight cancellation passengers face the same problem a loss of time generically speaking and it is normal to benefit from equal treatment. It should also be noted that there is no conflict in the application of the Montreal Convention and.