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Rodriguez revisited - material and immaterial damages -

Rodriguez revisited - material and immaterial damages -. Kathleen Fangerow University of Rostock, Germany. ECJ in case C-83/10 ( October 13th, 2011) – Aurora Sousa Rodriguez et al. v. Air France SA.

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Rodriguez revisited - material and immaterial damages -

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  1. Rodriguez revisited- material andimmaterialdamages - Kathleen Fangerow University of Rostock, Germany

  2. ECJ in case C-83/10 (October 13th, 2011)– Aurora Sousa Rodriguez et al. v. Air France SA

  3. ECJ in case C-83/10 (October 13th, 2011)– Aurora Sousa Rodriguez et al. v. Air France SA passengersaskedfor: • compensation referred to in Article 7 of the passengers’ rights Regulation in the fixed amount of 250 Euros for each person? • repaymentoftaxicosts? • repayment of meal costs? • additional sum in respect of the non‑material damage?

  4. ECJ in case C-83/10 (October 13th, 2011)– Aurora Sousa Rodriguez et al. v. Air France SA 1. Is the term “cancellation”, defined in Article 2 (l) of Regulation No 261/2004, to be interpreted as meaning only the failure of the flight to depart as planned or is it also to be interpreted as meaning any circumstance as a result of which the flight […] takes off but fails to reach its destination, including the case in which the flight is forced to return to the airport of departure for technical reasons?

  5. ECJ in case C-83/10 (October 13th, 2011)– Aurora Sousa Rodriguez et al. v. Air France SA 2. Is the term “further compensation”, used in Article 12 of Regulation No 261/2004, to be interpreted as meaning that, in the event of a cancellation, the national court may award compensation for damage, including non-material damage, for breach of a contract of carriage by air in accordance with rules established in national legislation and case-law on breach of contract or, on the contrary, must such compensation relate solely to appropriately substantiated expenses incurred by passengers and not adequately indemnified by the carrier in accordance with the requirements of Articles 8 and 9 of Regulation No 261/2004 […]?

  6. Regulation No 261/2004 in caseofdeniedboarding, cancellationordelay: • compensationbetween 250 € and 600 € • righttocare

  7. Regulation No 261/2004 Howshouldtheaircarrier‘sdutytocarebeenforced? • no explicit legal basis for a claim for damages in the Regulation • ECJ: passengers are justified in claiming a right to compensation „on the basis of the factors set out in those articles“

  8. Regulation No 261/2004 in caseofdeniedboarding, cancellationordelay: • compensationbetween 250 € and 600 € • righttocare • according to ECJ: Articles 8 and 9 as direct legal basis for a claim for failing the duty to care

  9. Montreal Convention • exclusiveclause in Art. 29 • scopeofapplication: personal injuriesand lost anddamagedluggage in Art. 17, delay in Art. 19

  10. Example: Germany • material andimmaterialdamagesfor personal injuries (Art. 17 ofthe Montreal Convention; for Germany: i.V.m. § 1 Abs. 1 MontÜGi.V.m. § 36 S. 2 LuftVG) • noimmaterialdamages in casesofdelay

  11. Conclusion • very extensive developmentoflaw • enforcementofdutytocare, but withwhichdetails? • „further“ (also non-material) compensationundertheconditionsofthe Montreal Conventionor national lawispossible • therelationbetweenthe Montreal ConventionandtheregulationNo 261/2004 is still not solved

  12. Thankyouforyourattention!

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