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

Summary:

The International Air Transport Association (IATA) and the European Low Fares Airlines Association (ELFAA) decided to challenge the implementation of Regulation (EC) No 261/2004 in the United Kingdom (UK), specifically the provision relating to delay and cancellation, before the country's High Court of Justice.

The High Court decided to refer a number of questions concerning the validity of the Regulation raised by the claimants to the Court of Justice of the European Communities. In September 2005, Advocate General Geelhoed suggested to the Court that the Regulation be considered valid. In January 2006, the Court confirmed the validity of the Regulation.

Further information:

The Court confirmed that the prescribed by the Regulation in order to achieve the objective of strengthening protection for passengers whose flights are cancelled or subject to long delay are compatible with the Montreal Convention and do not infringe the principle of proportionality. On the other hand, it also pointed out that it was incumbent upon the Community legislature to treat all airlines identically.

Regulation (EC) No 261/2004 establishes common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights.

• Primary Source

CJEU: Press Release, 08.09.05: Advocate General Geelhoed suggests that the Regulation on compensation and assistance to air passengers is valid http://curia.europa.eu/en/actu/communiques/cp05/aff/cp050074en.pdf

CJEU: Press Release, 10.01.06: Judgement in Case C-344/04 - The Regulation on compensation and assistance for air passengers is valid http://curia.europa.eu/en/actu/communiques/cp06/aff/cp060001en.pdf

IATA: Press Release, 10.01.06: IATA Condemns Absurd European Court Ruling http://www.iata.org/pressroom/pr/2006-01-10-01.htm

European Commission: Press Release, 10.01.06: Air passengers' rights: The European Court of Justice confirms legality of EU rules http://europa.eu/rapid/press-release_IP-06-12_en.htm

AEA: Press Release, 10.01.06: European Airlines ‘disappointed’ at European Court decision on passenger compensation https://web.archive.org/web/20070412081232/http://www.aea.be/AEAWebsite/DataFiles/Pr06-002.pdf

European Voice, 11.01.06: Few satisfied customers as court upholds flight-compensation law https://www.politico.eu/article/few-satisfied-customers-as-court-upholds-flight-compensation-law/

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