AIR PASSENGER RIGHTS BEFORE, DURING, AND AFTER COVID-19 departure time can cause similar inconveniences as a flight delay, as passengers may lose the opportunity to organize and manage their time.18 In accordance with a broad interpretation of passenger rights, it can be concluded that rescheduling a flight to a significantly earlier time is treated similarly to its cancellation.19 c. Flight delay Following Article 6 of the Regulation a flight delay refers only to the delay experienced at departure.20 Nevertheless, according to the CJEU, the definition of delay is broader and includes the late arrival of the aircraft at its final destination as well.21 3. AIR PASSENGER RIGHTS a. Right to complaint to the Authority Responsible for Implementing Regulation 261/2004 Member States are required to designate an authority responsible for implementing the Regulation,22 enabling passengers to address any complications when exercising their rights. Despite the intended protection of passengers, these authorities are often the reason for the Regulation’s ineffectiveness. Specifically, the practice of those authorities is uncoordinated among Member States.23 Their inadequate response to the CJEU's case law leads to inconsistent application of the Regulation's provisions. For example, in line with the CJEU's case law technical issues generally do not represent extraordinary circumstances, as will be discussed below, which would exempt the carrier its liability.24 However, some national authorities do not take this into account when assessing such cases.25 Consequently, passengers in certain Member States are not granted the compensation to which they are entitled. 18 Joined cases C-146/20, C-188/20, C-196/20 in C-270/20, Eurowings of 21 December 2021, para. 76. 19 Ibid., paras. 79 and 80. 20 Art. 6 of the Regulation. 21 Case C-11/11, Air France SA of 26 February 2013, paras. 29 and 30. 22 Art. 16(1) of the Regulation. 23 Pantazi, 2020, p. 1103. 24 Case C-549/07, Wallentin-Hermann of 22 December 2008. 25 Pantazi, 2020, p. 1103.
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