Court of Justice (First Chamber) 18 November 2020, C-519/19 (Ryanair DAC v DelayFix.)

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In the case C-519/19, the Court addressed the enforceability of a jurisdiction clause in a contract between a passenger and Ryanair, particularly concerning a claim assigned to a collection agency, DelayFix. The Court ruled that such a clause cannot be enforced by the airline against the assignee unless the agency is recognized as the successor of all rights and obligations under the applicable national law. Additionally, the Court found that the jurisdiction clause, if not individually negotiated, may be deemed unfair under Directive 93/13/EEC, potentially hindering the consumer's right to legal action.AI

European Union · · · Cited by 220 · 18-11-2020

JUDGMENT OF THE COURT (First Chamber) 18 November 2020 ( *1 ) [Text rectified by order of 13 January 2021] (Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Contract of transport by air – Jurisdiction clause agreed to by the passenger as a consumer – Claim made by the passenger against the airline – Assignment of that claim

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