Series: EU Law in the Member States (Book 3)
Hardcover: 400 pages
Publisher: Hart Publishing (March 17, 2016)
Language: English
ISBN-10: 1849468249
ISBN-13: 978-1849468244
Description :
Regulation 261/2004 on air passengers' rights has been among the most
high profile pieces of EU secondary legislation of the past years,
generating controversial judgments of the Court of Justice of the
European Union, from ex parte IATA to Sturgeon. The Regulation has led
to equally challenging decisions across the EU's Member States, with
domestic courts holding that a Regulation could not be relied upon by an
individual claimant or even threatening outright to refuse an
application of its provisions. The economic stakes are significant for
passengers and airlines alike, and, despite the European Commission's
recent publication of reform proposals, controversies appear far from
settled. At the same time the Regulation should, according to the
Treaty, have the same direct and general application in all the Member
States of the EU. How, then, can this diversity be explained? What
implications do they have for the EU's regulatory strategy at large?
This book brings together leading experts in the field to present a
series of case studies from ten different Member States, as well as the
extra-territorial application of Regulation 261 combined with high-level
analysis from the perspectives of aviation law and EU law. (Series: EU
Law in the Member States) [Subject: European Law, Aviation Law]
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