The civil liability of operating air carrier in the case of cancellation of the flight because of a strike
DREPTUL AFACERILOR
Abstract
Considering the provisions of art. 12 of the EC Regulation no. 261/2004 such as they have been interpreted in the case-law of the CJEU, the Court upholds that the Community rules represented in the case by the provisions of art. 5 para. (1) letter c in conjunction with art. 7 para. (1) letter b of the EC Regulation no. 261/2004 shall establish a minimum indemnification in the case of cancellation of a flight, and insofar as passengers prove that an additional damage is caused, they are entitled to file an action to this end according to the rules of domestic law.