Journals / Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi / 2019 / Cilt: 21 - Sayı: 1
LIABILITY IN THE CANCELLATION AND LONG DELAY OF FLIGHT CAUSED BY “EXTRAORDINARY CIRCUMSTANCES”
- Pages
- 233–304
- DOI
- —
Abstract
Regarding European Union, Regulation (EC) No 261/2004 regulates theminimum rights of an air passenger in the event of denied boarding,cancellation or long delay of flights. Article 5/3 of the Regulation (EC) No261/2004 enacts that air carrier can be excluded from civil liability, if it canprove that the flight is cancelled caused by extraordinary circumstances whichcould not have been avoided even if all reasonable measures had been taken.Article 5/3 of the Regulation has been criticized by many people including theactors in the airline industry and lawyers. In the meaning of Article 5/3 of theRegulation (EC), the concepts of “extraordinary circumstances” and “allreasonable measures” has caused some problems in practice. Court of Justiceof the European Union (CJEU) takes in charge as the final interpretationauthority in terms of the Regulation. The CJEU interpreted the concepts of“extraordinary circumstances” and “all reasonable measures” in many cases.In Turkey air passenger rights have been also regulated by the RegulationRights of the Passengers by Air on the basis of the Regulation (EC) No261/2004. Therefore, in this study, the exclusion from liability of air carrier inthe event of cancellation or long delay of flight caused by the extraordinarycircumstances will be examined within the Regulation Rights of the Passengersby Air, the Regulation (EC) No 261/2004 and Decisions of the CJEU.
Özet
261/2004 sayılı Tüzük, Avrupa Birliği (AB) bakımından, uçağa kabul