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18th January 2022
Consumer, Health & Environment Energy & Transport Internal Market

Op-Ed: “The Concept of Flight ‘Cancellation’ Under Regulation 261/2004”” by Sara Drake

Regulation 261/2004 has been frequently litigated before the Court of Justice and national courts in what can seem like a perpetual battle between air passengers trying to secure full enjoyment of their EU rights pitted against air carriers seeking to mitigate their operating and financial costs.  This is in part down to the regulatory design of the Regulation, which is littered with broad, vague provisions, as well as gaps. It is the role of the Court to interpret these provisions and fill the lacunae in line with the Regulation’s overall objective, namely, to guarantee a high level of protection for air passengers. In two recent judgments, Corendon Airlines (C-395/20) and Airhelp Ltd (C-263/20),  the Court of Justice was called upon ag

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