- Full text
- Journal
- Number 1
- Article
- Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances”
Volume 2023 : 1
Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances”
The national rules on hidden defects and European consumer law: marriage or divorce?
Consumer participation under Better Regulation Agenda: the case of Consumer Credit Directive
Is all gold that glitters? The EU Commission Proposal on empowering consumers for the green transition
Circular supply chains – where the need for coordination meets competition law?
The sword in the stone: the potential of data subject rights of the General Data Protection Regulation
A new Consumer Rights Act for Ireland – Comprehensive reform and a closer alignment with European Consumer Law principles
How to protect information about our mental states? A few remarks on processing of mental data under the GDPR
EU consumer information as a tool to regulate the treatment of farm animals: potential and limits
Environmental sustainability and consumer relations between administrative and judicial remedies
Food and nutrition education in school as a means for raising awareness among young food consumers: a brief legal overview
EU consumer law meets digital twins
Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances”
The national rules on hidden defects and European consumer law: marriage or divorce?
Consumer participation under Better Regulation Agenda: the case of Consumer Credit Directive
Is all gold that glitters? The EU Commission Proposal on empowering consumers for the green transition
Circular supply chains – where the need for coordination meets competition law?
The sword in the stone: the potential of data subject rights of the General Data Protection Regulation
A new Consumer Rights Act for Ireland – Comprehensive reform and a closer alignment with European Consumer Law principles
How to protect information about our mental states? A few remarks on processing of mental data under the GDPR
EU consumer information as a tool to regulate the treatment of farm animals: potential and limits
Environmental sustainability and consumer relations between administrative and judicial remedies
Food and nutrition education in school as a means for raising awareness among young food consumers: a brief legal overview
EU consumer law meets digital twins
Year
2023
Volume
2023
Number
1
Page
3
Language
English
Court
Reference
S. DRAKE, “Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances””, REDC 2023, nr. 1, 3-17
Recapitulation
The Grand Chamber judgment of the Court of Justice of the European Union in Airhelp purports to bring to an end a veritable battle taking place before national courts between air carriers and their passengers. On the one front, we have had air passengers, flanked by claims management firms, fighting for their EU right to compensation under Regulation 261/2004 for cancelled flights following union-led strikes by the air carriers' employees. On the other front, we have had air carriers brandishing the defence of “extraordinary circumstances” in an attempt to exclude liability claiming that the strikes are “not inherent in the normal exercise of the activity of the air carrier”, and beyond their actual control. There had been some wins at national level for air carriers, and it was a tightly fought contest until the end, with Advocate General Pikamäe coming down on the side of the air carriers only one week before the final judgment, but this putative victory was short-lived. The aim of this article is to analyse the judgment in Airhelp against the backdrop of the development of the concept of “extraordinary circumstances” in the jurisprudence of the Court of Justice. It argues that the decision provides a welcome clarification of the scope of the defence following its earlier P?sková and Krüsemann rulings and signifies a renewed commitment of the Court to a high level of consumer protection in this field of EU law.
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