Abstract

By analysing national as well as European Union case law, this article offers an interpretation of the status of a strike as an extraordinary circumstance under EU Regulation 261/2004. The main finding is that while in the past, it was unclear whether a strike constituted an extraordinary circumstance under Regulation 261/2004, at present it is more likely to assume that it will not be encompassed by this exception. As a consequence, Ryanair will likely face myriad claims from passengers having suffered from its cancellations in the summer of 2018. The article further identifies that in the TUIfly decision, the European Court of Justice is implicitly approving of unauthorized industrial action which provides for an unwelcome development in the global aviation industry

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.