• PDF

Extraordinary Circumstances in EU Air Passenger Rights Legislation?: Analyzing Technical Problems and Collisions Under Regulation 261/2004

2.2.2026, Maisteritutkielma

Regulation 261/2004 was introduced to enhance passenger protection, yet to this day more than half of eligible compensation claims are incorrectly rejected by airlines under the defense of extraordinary circumstances (EC). Since the Regulation does not define EC, the Court of Justice of the European Union (CJEU) has taken on this responsibility, which has led to inconsistent case law and confusion among national courts. This study thoroughly examines how the CJEU has defined EC in its case law regarding technical problems and collisions. Furthermore, it offers guidance for the General Court of the European Union (EUGC), national courts and the legislator regarding the Regulation and makes suggestions for improvements.

This study finds that the CJEU considers an event to be EC if it is not inherent in the normal exercise of the activity of the air carrier concerned and is beyond their actual control. The CJEU predominantly evaluates the event’s inherency based on whether the event stemmed from within in or outside the aircraft. This study further finds that the distinction between internal and external events is found to be problematic because, for instance, it does not evaluate the event’s inherency on a case-by-case basis and does not consider other factors such as the frequency of the event. Furthermore, the control is usually evaluated based on the merits and is seen to affect the evaluation of the event’s inherency, even though the two factors are cumulative and separate. In addition to these findings, the study offers insights to enhancing clarity, proportionality, and level of protection in EC evaluations. Lastly, it concludes with possible alternative scenarios relating to the shared competence of the CJEU and EUGC in the field of passenger compensation.

Keywords: Air passenger rights, extraordinary circumstances, technical problems, collisions, CJEU’s jurisprudence

Asiasanat
• EU-oikeuden soveltaminen - Euroopan unionin tuomioistuin - Ilma-alus - Ilmailu - Kuluttajansuoja - Matkustaja-alus - Onnettomuus - Vahingonkorvaus