International Aviation Law

ASSIGNMENT 01

Introduction

The case scenario is based on the regulation EC 261/2004. In order to clarify the scope and content of the protection of air passengers compared to cases of denied boarding, cancellation or long delay of flights, it is appropriate to conduct a detailed analysis of the regulation (EC) No. 261/2004, which came into force on February 17, 2005, and that, pursuant to Article 1 thereof, "establishes minimum rights for passengers when: a) denied boarding against their will; b) their flight is canceled; their flight is delayed " .

King Arnold discusses the Regulation (EC) No. 261/2004, which applies to all flights performed by aircraft motorized fixed wing departing from an airport in the EU or starting from a third country for one situated in the EU is operated by a Community carrier, is because the main object of study of this work, which however would be incomplete without a mention of other legal provisions currently in force which also include aspects related to the delay or cancellation of flights, such as If the Law 48/1960 of 21 July, Air Navigation , or the Montreal Convention of 28 May 1999 for the Unification of Certain Rules for International Carriage by Air. But, the analysis of the given case scenario is based on the regulation EC 261/2004 only.

Part 01: Advise Tom and Chabanna when they arrive back in the UK and wish to commence a claim for compensation pursuant to Regulation EC 261/2004 for cancellation of their flight from Luton to San Francisco.

In this case scenario, Tom and Chabanna can file a case under the act of EC 261/2004 against Brianair. According to the basic rule on passenger rights in the event of denied boarding, flight cancellation or delay of flights taking off from an airport in an EU country or operated by Community carriers is the "Regulation (EC) 261/2004 of February 11, 2004, by establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295 / 91 "(hereinafter Regulation 261/04). However, several provisions of this Regulation, in force since February 2005 have resulted in legal discussions about its content, and presentation of multiple queries on the interpretation the Court of Justice of the European Union. Under the provision of this act, they can file a case for the unwanted situations that they faced at the time of their trip initiation.

King Arnold discusses that this legislation faced a lot of problems at the time of acceptance in the court. The article discusses the broad overview of the scope of EC 261/2004. The article discusses that it is the responsibility of the passengers to do check it and focus on the check in deadlines at the time of their flight [Case Stefan Böck vs Cornelia Lepuschitz Air France SA (C-432/07)]. This is the main point where they can give the proof in case of any ...