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Analysis of the institute of extraordinary circumstances, or the curtailment of air passenger rights: Theory practice and future development
Bartošík, Lukáš ; Exner, Jan (advisor) ; Šmejkal, Václav (referee)
Title of the writing: Analysis of the institute of extraordinary circumstances or abbreviation of air passenger rights: Theory, practice and future directions Abstract Air passengers have a number of rights against air carriers under EU law. One of these rights is the right to a flat-rate compensation in the event of cancellation or significant delay of a flight. Cancellations or significant delays can be caused by a wide variety of circumstances. If these circumstances are extraordinary and could not have been prevented by the carrier using all reasonable measures, passengers are not entitled to compensation and the carrier is thus relieved of its obligation. Extraordinary circumstances in air transport are very often applied in practice as a means of relieving the carrier of its obligation to pay damages to air passengers. Unfortunately, this remedy is enshrined in the legislation in a very vague and indeterminate manner, in the form of vague legal terms. It can therefore be abused in practice to the detriment of passengers. The Court of Justice of the European Union, in the context of the preliminary ruling procedure, does interpret the institute, but again using general and vague terms, which requires further specification by means of further preliminary questions. This paper aims to explain the meaning...
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