Court of Justice 2 July 2009, C-402/07 and C-432/07 (Christopher Sturgeon, Gabriel Sturgeon and Alana Sturgeon v Condor Flugdienst GmbH (C-402/07) and Stefan Böck and Cornelia Lepuschitz v Air France SA (C-432/07).)
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In these joined cases, the Advocate-General addresses the distinction between 'delay' and 'cancellation' of flights under Regulation (EC) No 261/2004, as well as the interpretation of 'extraordinary circumstances' in Article 5(3). The core legal opinion suggests that the classification of a flight as a cancellation may depend on whether the original flight planning has been abandoned, and whether a delay can be considered a cancellation after a certain duration. Additionally, the opinion highlights the need for clarity in the application of compensation rights for passengers affected by flight disruptions.AI
European Union · · · Cited by 4 · 02-07-2009
Opinion of the Advocate-General Opinion of the Advocate-General 1. In these joined cases, the Court is asked by the Bundesgerichtshof (German Federal Court of Justice) and by the Handelsgericht Wien (Vienna Commercial Court, Austria) to clarify the distinction between the notions of ‘delay’ and ‘cancellation’ of a flight in Regulation (EC) No 261/2004 (‘the Regulation’).
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