European Court of Justice: Reg. 261/2004 does not apply to return flights from third country airports into the EU

In Case C-173/07 (Schenkel v Emirates Airlines) ECJ held that Art 3 para 3 lit a of Regulation 261/2004/EC must be interpreted as not applying to the case of an outward and returnjourney in which passengers who have originally departed from an airport located in the territory of a Member State to which the EC Treaty applies travel back to that airport on a flight from an airport located in a non-member country. The fact that the outward and return flights are the subject of a single booking has no effect on the interpretation of that provision.In ECJ’s view to regard a ‘flight’ within the meaning of Article 3(1)(a) of Regulation No 261/2004 as an outward and return journey would have the effect of reducing the protection to be given to passengers under the regulation: passengers departing originally from an airport located in a Member State could claim the benefit of that protection only once if they were to suffer the same damage on the outward and the return legs, Passengers who had originally departed from an airport located in a non-member country would not be able to enjoy the protection provided by Regulation No 261/2004.Full text of judgement available here>>.Decision reported to IFTTA by Stephan Keiler.

Leave a Comment