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Rights of passengers in international air transport and the influence of COVID-19 pandemic
Čermák, Filip ; Pauknerová, Monika (advisor) ; Zavadilová, Marta (referee)
Rights of passengers in international air transport and the influence of COVID- 19 pandemic Abstract The thesis is devoted to the legal regulation of the relationship between passengers and air carriers in air passenger transport. The text is set in a general historical framework, which illustrates the rapid development of air transport from the 1920s to the present day, with special emphasis on the modern era. One of the aims of the study is to show how difficult it is for the legislator to respond to ongoing changes in the industry as well as unexpected events such as the COVID-19 pandemic. The central theme is then the analysis of Regulation 261/2004 of the European Parliament and of the Council, one of the most important pieces of legislation on the relationship between passengers and air carriers. The thesis presents the system of regulation enshrined in this Regulation, its strengths and weaknesses - taking into account the extensive case law of the Court of Justice of the European Union - and shows the impact of the above-mentioned pandemic in this area (the common cancellations of flights due to anti-epidemic measures led to frequent application of Regulation 261/2004 and to heated debates on some of the newly emerging controversial issues). It is pointed out that the problematic aspects of the...
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The issue of pre-contractual liability in relation to the practice of negotiating and concluding commercial contracts under national law and case-law of selected EU countries
Krupka, Jiří ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
The thesis deals with questions of pre-contractual liability which is seen as a very specific institute whose conception is diverse in different EU countries and also outside. The main research question is a difference between pre-contractual liability perception in the different countries and its full description in relation to the negotiations of business contracts with an emphasis on Czech law. In the first part, the author analyses historical background of pre-contractual liability in relation to Roman law and German-Austrian legal systems in which the professor Jhering developed that construction of culpa in contrahendo. In the following chapters, the author deals with the description and nature of pre-contractual liability, particularly in questions of whether they are contractual or delictual liability and enter into details the basic facts, example and extent of damages with respect to the European concept of pre-contractual liability. He concludes that the pre-contractual liability is in the European concept as delictual liability, with regard to the decision of European Court of Justice. The author simultaneously mentions that although similar facts in the legal systems, the extent of damages is very different when there is a clear dichotomy between positive and negative interesse. The...
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Passengers claims in air transport under the Regulation (EC) of the European Parliament and of the Council No. 261/2004
Koudela, Martin ; Zavadilová, Marta (advisor) ; Pfeiffer, Magdalena (referee)
Passengers claims in air transport under the Regulation (EC) of the European Parliament and of the Council No. 261/2004 Abstract The subject of this diploma thesis is the claims of air passengers, especially those arising from Regulation (EC) 261/2004 of the European Parliament and of the Council, but also according to other regulations of private international law. The thesis is divided into four parts, which, with regard to the nature of the topic, combine both theoretical and practical aspects. The first part provides an introduction to the issue by setting it in the historical context of civil aviation regulations and then discusses important documents in the field of air passenger rights. In particular, it compares these documents with each other and provides the reader with a practical overview of these documents. The second part deals with the Regulation (EC) 261/2004 of the European Parliament and of the Council, which is the central legal regulation of this work. First, the author describes the context and process of adoption of the Regulation and then deals with the individual parts, while supplementing the theoretical interpretation with numerous references to the case law of the Court of Justice of the European Union. Subsequently, the circumstances of the ongoing amendment of the Regulation are...
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International air transport: enforcement of rights of passengers under Regulation (EC) No. 261/2004 in the light of the judgments of the European Court of Justice
Urbanová, Petra ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
- International air transport: enforcement of rights of passengers under Regulation (ES) No. 261/2004 in the light of judgments of the European court of Justice The subject of this thesis is the enforcement of the rights of passengers under the Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. The thesis is divided into five chapters. In the first chapter the particular conventions which have been concluded in the area of the international air transportation and which have influenced this area greatly are covered, in particular the Warsaw and Montreal Conventions. The second chapter focuses on the Regulation 261/2004 itself. Particular situations which establish the right for compensation to the passengers are described and analyzed. The issue of the definition of the term "extraordinary circumstances" has not been omitted either. The provisions of the Regulation 261/2004 are interpreted in the light of the SDEU judiciary. The conclusion of the second chapter consists of the future view and the view on the Regulation 261/2004 de lege ferenda. The third chapter follows the substantive regulation by its...
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The issue of pre-contractual liability in relation to the practice of negotiating and concluding commercial contracts under national law and case-law of selected EU countries
Krupka, Jiří ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
The thesis deals with questions of pre-contractual liability which is seen as a very specific institute whose conception is diverse in different EU countries and also outside. The main research question is a difference between pre-contractual liability perception in the different countries and its full description in relation to the negotiations of business contracts with an emphasis on Czech law. In the first part, the author analyses historical background of pre-contractual liability in relation to Roman law and German-Austrian legal systems in which the professor Jhering developed that construction of culpa in contrahendo. In the following chapters, the author deals with the description and nature of pre-contractual liability, particularly in questions of whether they are contractual or delictual liability and enter into details the basic facts, example and extent of damages with respect to the European concept of pre-contractual liability. He concludes that the pre-contractual liability is in the European concept as delictual liability, with regard to the decision of European Court of Justice. The author simultaneously mentions that although similar facts in the legal systems, the extent of damages is very different when there is a clear dichotomy between positive and negative interesse. The...
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