CJEU Decisions
Other cases description hereAFS Intercultural Programs Finland v Kuluttajavirasto ECJ 237/97
ECJ case on the interpretation of the definition of ‘Package’ in the EC Package Travel Directive
Air France SA v Heinz-Gerke Folkers and Luz-Tereza Folkerts Case C-11/11
This is the CJEU case that decided that if a passenger is delayed on a connecting flight less than three hours but arrives at their final destination more than three hours late they are entitled to compensation under Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights
Aurora Sousa Rodríguez v Air France ECJ case C-83/10
This ECJ case discusses whether Regulation 261/2004 covers a situation where an aircraft takes off and then has to return to its point of departure and whether this amounts to a cancellation under the legislation. It also tackles what damages are available under the Regulation.
Blodel-Pawlik v HanseMerkur Reiseversicherung AG ECJ Case 134/11
This case interprets Art. 7 of the Package Travel Directive 1990 as applying in situations even where the tour operator has become insolvent due to its own fraudulent conduct.
Club-Tour, Viagens e Turismo SA v Alberto Carlos Lobo Gonçalves Garrido CJEU Case C-400/00
This case decided that ‘packages’ include holidays organised by travel agents at the request of the consumer and that the term ‘pre-arranged combination’ includes combinations of tourist services put together at the time the contract is concluded with the travel agency.
Dillenkofer v Republic of Germany
This case decides that if a member state fails to transpose a directive in time then individuals harmed by that failure my sue the state for the damage caused. In this case Germany had failed to transpose the Package Travel Directive (90/314) within the prescribed period and as a result consumers who had booked a package holiday with a tour operator which later became insolvent lost out. As a consequence the German state had to compensate them.
ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände
In this case the ECJ decided that, according to Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community, travel insurance should be sold on an ‘opt-in’ basis because it is a cost connected with air travel even though it is provided by a third party.
Eglitis and Ratnieks v Latvijas Republikas Ekonomikas ministrija ECJ Case C 294/10
This is a case brought under Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. It discusses what amounts to the taking of all reasonable measures to prevent the cancellation of a flight.
Emirates Airlines v Dieter Schenkel CJEU Case C-173/07
A single booking consisting of an outbound and an inbound flight is to be regarded as two separate flights for the purposes of Regulation (EC) No 261/2004 on denied boarding and of cancellation or long delay of flights. As a consequence the Regulation does not apply to the return leg if the flight is from a non EU airport and the airline is a non EU carrier.
Finnair Oyj v Timy Lassooy. ECJ Case C-22/11
This case held that where a passenger is denied boarding on a flight because passengers on a previously cancelled flight were given preference was entitled to compensation under Regulation (EC) 261/2004.
