„Dziki strajk” jako „nadzwyczajna okoliczność” w rozumieniu rozporządzenia nr 261/2004

Abstract

There is a clear message in the actions of the European Court of Justice that passengers’ rights to claim damages should be respected by airlines. One of many rulings showing this tendency is the judgment of the Court of Justice of April 17, 2018, in case C-195/17, which makes the air carrier liable in the event of a so-called “wildcat strike” of his staff. According to the Court, only such an interpretation is in line with the overriding purpose of the regulation, which is to provide adequate protection for the weaker party to the contract of carriage, which is the passenger.