2024

Transformacje

Rocznik: 2024 | Numer: Nr 2(121)

artykuł naukowy

angielski

EN The subject of this publication is an approving gloss on the judgment of the Court of Justice of the European Union (hereinafter: "CJEU") of 13 June 2024, C-411/23. In the judgment voted on, the CJEU ruled that a latent design defect in an aircraft engine does not entitle passengers to compensation, even if the air carrier was informed by the manufacturer of that engine of the existence of the defect seve-ral months before the flight in question. In the judgment under review, the CJEU answered two preliminary questions. In answering the first question, the CJEU em-phasized that it was not appropriate to classify as a typical (within the meaning of aviation activity) technical defect such as that in the present case. Then, in response to the second question referred, the Court indicated that the maintenance of a fleet of replacement standby aircraft, as an action of the carrier which is all the reasonable measures it takes to avoid the consequences of "extraordinary circumstances", can be considered as such only if it is a measure which remains technically and economical-ly feasible in the light of the carrier's capabilities (at a particular point in time). The author first provided a summary of the facts of the case. She then recounted the vo-ted ruling, finally adding the author's commentary on the ruling and its reasoning.

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http://www.e-transformations.com/archiwum_transformacje/2024/06/20240630112156566.pdf

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