On the identity of the operating air carrier and on his duty to pay compensation

Author/s Rachele Genovese
Publishing Year 2020 Issue 2020/28 Language Italian
Pages 20 P. 28-47 File size 168 KB
DOI 10.3280/DT2020-028003
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Because of the long delay of flight, some passengers asked to obtain compensation. Given that the payment of compensation under article 7 of the Regulation No 261/2004 is in charge of the operating air carrier the passengers asked the compensation to air carrier indicated on the booking confirmation. According to European Court of Justice in the case of air carriers agreements the concept of an «operating air carrier» not covering the case of an air carrier which «leases» to another air carrier an aircraft, but does not bear the operational responsibility for the flights, even where the booking confirmation of a seat on a flight issued to passengers states that flight is operated by the former air carrier.

Rachele Genovese, Sull’identificazione del vettore aereo operativo tenuto al pagamento della compensazione pecuniaria in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 28/2020, pp 28-47, DOI: 10.3280/DT2020-028003