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BRATISLAVA, July 8 (WebNoviny.sk) – In case of long delay, the airline is obliged to pay compensation to the airline that decided to take the plane.
The Court of Justice of the European Union ruled on the request of the Regional Court of Hamburg, Germany, to clarify the matter [19659005] "The actual air carrier should be regarded as the airline which makes the decision to take a specific flight, including the determination of its flight schedule, thus creating an offer of air transport to bidders" "am-card -image = "top" data-lazy-srcset = "https://cdn.webnoviny.sk/sites/32/2017/07/kosice-letisko-81×54.jpg 81w, https://cdn.webnoviny.sk/ sites / 32/2017/07 / kosice-letisko-312×208.jpg 312w, https://cdn.webnoviny.sk/sites/32/2017/07/kosice-letisko-672×448.jpg 672w, https: // cdn. webnoviny.sk/sites/32/2017/07/kosice-letisko-120×80.jpg 120w "sizes =" (max-width: 81px) 100vw, 81px "data-dominant-color =" # 373c40 "/> 
"The adoption of such a decision implies in itself that This airline assumes the responsibility for the theft, in particular as regards its possible cancellation or long delay upon arrival ". the Court of Justice of the European Union. [19659005] The specific case
The reason for the decision was the case of passengers who booked in TUIF for the flight from Hamburg to Cancún, Mexico. TUIFly rented a wet hire plane from Thomson Airways
Reserves issued by TUIFly with the Thomson Airways flight. As the flight was a long delay, the passengers asked Thomson Airways to pay the compensation they considered to be in accordance with the European Parliament and Council Regulation (EC) of 11 February 2004 on common rules concerning the transport of passengers. compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of flights
No liability
Thomson Airways refused to pay this compensation on the grounds that it was not Did not operate an air carrier within the meaning of this Regulation. This Regulation applies to an effective air carrier. Since TUIFly was responsible for the operation of the flight, the action for damages was to be brought only against that airline by Thomson Airways
"Accordingly, an airline company such as Thomson Airways in the main proceedings, which leases an airline to a crew but which has no operational responsibility for the flight, can not be considered an effective air carrier within the meaning of the regulation. " was provided by the Court of Justice of the EU
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It is for the national court to rule on a point of law in accordance with the judgment of the Court.
