Interpretarea și aplicarea Regulamentului (CE) nr. 261/2004 în cazul zborurilor anulate sau întârziate
Interpreting and applying Regulation (EC) no. 261/2004 in the event of cancellation or long delay of flights

Summary/Abstract: The study is a synthesis of the Court of Justice of the European Union’s rich case-law in interpreting Regulation (EC) no. 261/2004, with the scope to offer answers to possible difficulties which may arise in applying this legal instrument. We identified the main legal issues of interest in the event of cancellation or long delay of flights, such as the autonomous notions in this legislative act of the European Union, the main rights of passengers and obligations of air carriers, the nature and conditions of the air carrier’s liability, international jurisdiction of internal courts in cross-border litigation. The conclusion drawn is that CJEU’s case-law reflects the aim of ensuring a high level of protection for passengers, through an extensive interpretation of their rights, a restrictive interpretation of the cases in which the air carrier may be exonerated from liability and by establishing the complementary character of the Montreal Convention in relation to Regulation (EC) no. 261/2004.

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