Right to compensation in the event of wildcat strikes by airline’s crew. An unsatisfactory solution achieved by the EU Court of Justice

Author/s Luca Ancis
Publishing Year 2019 Issue 2019/25-26 Language Italian
Pages 33 P. 34-66 File size 202 KB
DOI 10.3280/DT2019-025003
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The EU Court of Justice examines the consequences of the spontaneous absence of a significant part of flight crew staff members. The main issue is if air carrier is to be released from its obligation to pay passengers compensation under article 7 of EU Regulation n. 261/2004 in event of cancellation or long delay caused by wildcat strike. The Court claims that the compensation is due because wildcat strike cannot be regarded as beyond the actual control of the air carrier. However, this interpretation ends up putting completely different situations on the same level.

Luca Ancis, Sciopero selvaggio del personale della compagnia aerea e compensazione pecuniaria. La soluzione della Corte di Giustizia non convince in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 25-26/2019, pp 34-66, DOI: 10.3280/DT2019-025003