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http://dx.doi.org/10.31691/KASL35.2.7.

The Delay of Re-Routing Flight and Scope of Extraordinary Circumstances in the European Air Transportation Law: A Case Comment on A and Others v. Finnair Oyj [2020] Case C-832/18  

Sur, Ji-Min (Department of International Trade in Pusan National University)
Publication Information
The Korean Journal of Air & Space Law and Policy / v.35, no.2, 2020 , pp. 197-224 More about this Journal
Abstract
This paper reviews and criticizes some issues as to the case of A and Others v. Finnair Oyj [2020] Case C-832/18 by examining EU Regulations and practical point of views. Under this case, the travellers brought an action against Finnair in light of the Air Passenger Regulation12, seeking compensation for both the first cancelled flight, and the delayed re-routed flight. Finnair had paid the first compensation, but refused to grant the second claim, arguing that the regulation did not set out that passengers were eligible for a second claim in those situations, and that the delay of the second flight was a consequence of 'extraordinary circumstances' under the regulation. The Court of Appeal in Helsinki has asked the CJEU whether an air passenger is entitled to a further compensation where a re-routed flight they have agreed to take is delayed, where both the original and rerouted flight are operated by the same air carrier. The CJEU held that the regulation does not in any way limit the rights of passengers where they find their flights being re-routed. As such, under earlier CJEU case law, the relevant travellers here were entitled to compensation for cancellation of the first flight and delay of the second flight. It also disagreed with Finnair's assessment that the technical failure in the re-routing flight was a matter of extraordinary circumstances.
Keywords
Carriage of Passengers by Air; Regulation (EC) No 261/2004; Court of Justice of the European Union; Long Delay of Flight; Cancellation of Flights; Delayed Re-Routed Flight; Extraordinary Circumstances; All Reasonable Measures;
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