Air Passenger Rights Case Law Developments From 16 June to 09 December 2024

From 16 June to 9 December 2024, there have been limited case developments concerning air passenger rights. The first part of this article highlights recent decisions from the Court of Justice of the European Union (CJEU) that have shed light on the interpretation of EU Regulation No 261/2004 and Regulation (EU) No. 1215/2012. The second part presents a non-exhaustive overview of selected significant rulings from non- EU countries. In the case joined Case E EAD v. DW (C-650/23) and Flightright GmbH v. Condor Flugdienst GmbH, the Court clarified that passengers can rely on the rights provided under Regulation (EC) No 261/2004, even when their flights are part of package tours. In JX v. FTI Touristik GmbH, the Court determined that Article 18 of (B) Regulation (EU) No. 1215/2012 not only governs international jurisdiction but also specifies territorial jurisdiction, allowing the consumer to sue in the court of their domicile. In the case International Air Transport Association v. Canada (Transportation Agency), the Supreme Court of Canada ruled that the Canadian Air Passenger Protection Regulations (APPR) do not violate the Montreal Convention’s exclusivity principle. In the case Lipton and another v. BA Cityflyer Ltd, the Supreme Court of the United Kingdom held that the cancellation of a flight, does not qualify as an ‘extraordinary circumstance’ under EU Regulation 261and that causes of action arising before Brexit should be governed by the EU law in force immediately before the UK’s exit, as retained EU law. div/div