ECJ to hear cases challenging its "Sturgeon" judgement

Michael Wukoschitz's picture

The Court of the European Union has scheduled a hearing for March 20, 2012 at 09:30 in the joined cases Nelson v. Deutsche Lufthansa (C-581/10; referring court: Amtsgericht Köln, Germany) and TUI et al v. CAA (C-629/10; referring court: High Court of Justice / England & Wales, Queen's Bench Division / Administrative Court).

Both references seek a revision of the "Sturgeon" judgement (judgment of Nov. 19, 2009 in joined cases C-402/07 and C-432/07) by questioning the vailidity of Articles 5-7 Reg. 261/2004 as interpreted there with regard to

  • the principle of equal treatment
  • the principle of proportionality
  • the principle of legal certainty and
  • the Montreal Convention

While some more references concerning Reg. 261/2004 as interpreted in the Sturgeon judgement are still pending, it will be exciting to see how the court will solve the controversy which arose from "Sturgeon" and which in some member states led to a stay of cases seeking compensation for delay pursuant to Articles 5-7 Reg. 261/2004.

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