Rodríguez and Others v Air France SA (Case C-83/10) – WLR Daily

Posted December 6th, 2011 in aircraft, airlines, compensation, EC law, interpretation, law reports by sally

Rodríguez and Others v Air France SA (Case C-83/10); [2011] WLR (D) 348

“‘Cancellation’, in article 2(1) of Parliament and Council Regulation 261/2004/EC was not limited to the situation in which an aeroplane failed to take off at all, but also covered the case in which it took off but, for whatever reason, was subsequently forced to return to the airport of departure where the passengers were transferred to other flights. ‘Further compensation’ in article 12 of the Regulation allowed the national court to award compensation under the Montreal Convention for damage arising from breach of the contract of carriage by air. However that meaning was not the legal basis for the national court to order an air carrier to reimburse to passengers whose flight had been delayed or cancelled the expenses the latter had incurred because of the failure of that carrier to fulfil its obligations to assist and provide care under articles 8 and 9 of the Regulation.”

WLR Daily, 13th October 2011