Denied boarding communicated in advance and right to compensation under Regulation (EC) No 261/2004
Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Lisia Carota
Publishing Year 2025 Issue 2025/44
Language Italian Pages 16 P. 73-88 File size 219 KB
DOI 10.3280/DT2025-044004
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The EU Court of Justice states about the interpretation of the Article 2, letter j and Article 4, par. 3 of EC Regulation No 261/2004. The Court, requested for a preliminary ruling under Article 267 TFEU, states that the concept of “denied boarding” includes pre-emptively denied boarding, provided that the passenger has presented him or herself in due time for boarding. Moreover, according to the EU Court of Justice Article 5, par. 1, lett. c and lett. i, of Regulation No 261/2004 must be interpreted as meaning that that provision establishing an exception to the right to compensation of passengers in the event of cancellation of a flight does not govern the situation in which a passenger has been informed, at least two weeks before the scheduled time of departure of the flight, that, against that passenger’s will, the operating air carrier is going to refuse to carry him or her.
Lisia Carota, Negato imbarco comunicato anticipatamente e diritto alla compensazione ai sensi del reg. (CE) n. 261/2004 in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 44/2025, pp 73-88, DOI: 10.3280/DT2025-044004