EU regulation 261/2004 and limitation


EU Regulation 261/2004 (Regulation) affords air passengers a right to compensation and assistance in certain circumstances in the event of flight delay, cancellation or denied boarding. However, it does not specify the time period within which passengers must bring an action.

A reference was made to the European Court of Justice (ECJ) by a Spanish court in proceedings between Mr Cuadrench Moré and Koninklijke Luchtvaart Maatschappij NV (KLM) to clarify the limitation period applicable to claims brought pursuant to the Regulation, specifically in the context of a flight cancellation.

Mr Moré purchased a ticket from KLM for a flight from Shanghai to Barcelona scheduled to depart on 20 December 2005. The flight was cancelled and Mr Moré was forced to travel the following day with another airline, via Munich. More than three years later, Mr Moré brought an action before the Spanish Courts against KLM claiming 2,990 Euros, together with interest and costs, by way of compensation for the damage sustained as a result of the cancellation of his flight…

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