In May 2018, the Court of Justice of the European Union (hereinafter ‘CJEU’ or ‘the Court’) was once again seized to render a preliminary ruling in an air passenger rights case. This time, clarification was sought with regards to Article 3(1)(a) of 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, and repealing Regulation (EEC) No. 295/91 (hereinafter ‘the Regulation’) and the possibility of obtaining compensation for delays incurred on segments outside of the EU on flights operated by non-Community carriers. Once again, the Court rendered a decision that is incompatible with international law and increased the extra-territorial application of the provisions of the Regulation.
Air and Space Law