ECJ resists attack on Regulation 261

8th April 2022 by admin

In its judgment in United Airlines Case C-561/20  the European Court of Justice turned down a request by United Airlines to declare that Regulation 261/2004 undermines the principle of complete and exclusive sovereignty of a State over its airspace.

Passengers purchased a flight from Lufthansa, but operated by United Airlines, which flew from Brussels to Newark and then on to San Jose. The second flight was delayed by 223 minutes and the passengers claimed compensation under Regulation 261 from United.

United argued that if Regulation No 261/2004 were to apply to the situation in which the second flight in a series of connecting flights is subject to a long delay, it would have an extraterritorial effect contrary to international law if that second flight occurs entirely within the territory of a third country.

This argument was rejected by the ECJ. You can read the Press Release here.

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