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Emilija Berzanskaite
Emilija Berzanskaite
27th September 2021
Consumer, Health & Environment

Analysis: “AG Pikamäe interprets the legal obligations of air carriers under Regulation 261/2004 when postponing a flight and when notifying air passengers of a flight cancellation” by Sara Drake

The EU’s leading instrument on air passenger rights, Regulation 261/2004, has triggered a large amount of litigation before the national courts and the Court of Justice in disputes between air passengers and air carriers. On 23 September 2021, Advocate General (AG) Pikamäe delivered three separate but interconnected Opinions on the interpretation of Regulation 261/2004. Two of his Opinions are discussed here. Both cases raised novel issues of interpretation in scenarios where claims for compensation made by air passengers had been rejected by the airlines.

The dispute in the first case, EP, GM v Corendon Airlines (C-395/20) centred on whether the postponement of the departure time of a flight booked as part of a package holiday to


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