Volume 44 (2019)

Volume 44 (2019) / Issue 3

Magdalena Kučko, 'The Decision in TUIfly: Are the Ryanair Strikes to Be Seen as Extraordinary Circumstances?' (2019) 44 Air and Space Law, Issue 3, pp. 321–336

Abstract

By analysing national as well as European Union case law, this article offers an interpretation of the status of a strike as an extraordinary circumstance under EU Regulation 261/2004. The main finding is that while in the past, it was unclear whether a strike constituted an extraordinary circumstance under Regulation 261/2004, at present it is more likely to assume that it will not be encompassed by this exception. As a consequence, Ryanair will likely face myriad claims from passengers having suffered from its cancellations in the summer of 2018. The article further identifies that in the TUIfly decision, the European Court of Justice is implicitly approving of unauthorized industrial action which provides for an unwelcome development in the global aviation industry

Copyright © 2019 Kluwer Law International
All rights reserved

ISSN: 0927-3379
ID: AILA2019020