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ARTICLE · 29 OCTOBER 2024

Navigating Extraordinary Circumstances: ECJ Ruling On Flight Cancellations And Technical Failures

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On 13 June 2024, the European Court of Justice (the "ECJ") delivered a preliminary ruling on the interpretation and scope of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004...

MaltaTransport
Nigel Micallef
Nigel Micallef
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On 13 June 2024, the European Court of Justice (the "ECJ") delivered a preliminary ruling on the interpretation and scope 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 (the "Regulation") in relation to proceedings involving Finnair Oyj ("Finnair").

Background

The dispute in the main proceedings concerned a flight with Finnair scheduled for the 25 March 2016, departing from Helsinki, Finland and destined for Bangkok, Thailand (the "Scheduled Flight"). The aircraft, which had entered into service just over five months earlier, experienced technical failures with its fuel gage shortly before take-off. Finnair, concerned with flight safety, cancelled the Scheduled Flight, and operated the flight the following day, arriving around

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