Air transport - Regulation (EC) no. 261/2004 - Art. 5, paragraph 3 - Flight cancellation - Strike

Judgment of the European Court of Justice of 23 March 2021

With a judgment rendered on 23 March 2021, the Court of Justice of the European Union (CJEU) in case C-28/20 (Airhelp Ltd / Scandinavian Airlines System Denmark - Norway - Sweden) interpreted article 5, paragraph 3, of Regulation (EC) no. 261/2004 of the European Parliament and of the Council of 11 February 2004 on compensation and assistance to passengers in the event of denied boarding, flight cancellation or prolonged delay.

According to the CGEU, the strike called by a Union of the personnel of an air carrier operating in compliance with the conditions established by national legislation does not fall within the notion of "exceptional circumstance" if it is aimed at the claim of the workers of the same carrier and a category of personnel necessary to carry out a flight.

 

Air transport - Montreal Convention - Article 17 (1) - Concept of "accident" - Judgment of the European Union Court of Justice of 12 May 2021

The Court of Justice of the European Union (CJEU) in case C-70/20 (YL / Altenrhein Luftfaahrt GmbH) decided by a judgment of 12 May 2021 provided the interpretation of the notion of "accident" provided for by article 17, paragraph 1, of the Montreal Convention of 28 May 1999, specifying that it does not include a landing that has occurred in accordance with the procedures and operating limitations applicable to the aircraft in question, including the tolerances and margins envisaged regarding the accident factors in significantly on landing, as well as taking into account professional rules and best practices in the field of aircraft operation, even if such landing was perceived by the passenger concerned as an unforeseen event.

The notion of “accident” is relevant as it circumscribes the liability of the air carrier in the event of the death or injury of a passenger.

Any event does not fall into this concept and the insight of the passenger is irrelevant in this regard.