Air passenger rights before, during, and after COVID-19 – where to next? Masha Korošec 1 1. Introduction. 2. Scope of Regulation 261/2004. 3. Air passenger rights. 4. Extraordinary circumstances as a way out for air carriers. 4.1 Technical issues. 4.2 Non-compliance with the rules of the air carrier. 4.3 COVID-19 as an extraordinary circumstance? 5. Concluding thoughts and guidelines for the future. Since its adoption, Regulation (EC) No 261/2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and cancellation or long delay of flights has been faced with a challenge to balance on one hand rights and interests of air passengers and the other, the interests of air carriers. The paper provides a general overview of the current provisions and comments on their deficiencies from a critical point of view. Through the analysis of the recent case law the concept of »extraordinary circumstances« is addressed as well. The latter is of particular importance as only by proving such circumstances can the air carrier be released from the obligation to pay standard compensation to passengers. In the light of the foregoing, the paper examines the case law established by the Court of justice of the EU. Keywords: Air transport, air passengers, air passenger rights, extraordinary circumstances, Regulation 261/2004, compensation, flight cancellation, flight delay, denied boarding. DOI 10.60559/ijtthl2024-001 1 PhD Candidate at the Faculty of Law, University of Ljubljana; Teaching and Research Assistant at the Faculty of Law, University of Ljubljana; masha.korosec@pf.uni-lj.si
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