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…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
A well-known British performing artist was granted permission to take his case to the Supreme Court, where he will appeal the Court of Appeal’s decision in OPO v MLA & STL.
The increased focus of national data protection authorities on the processing of personal data through mobile apps was again confirmed in an open letter from a group of data protection authorities.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.