Havayolu yolcusunun hakları uçuşun uzun gecikmesi uçuşun iptali olağanüstü haller makul tedbirler
Regarding European Union, Regulation (EC) No 261/2004 regulates the
minimum rights of an air passenger in the event of denied boarding,
cancellation or long delay of flights. Article 5/3 of the Regulation (EC) No
261/2004 enacts that air carrier can be excluded from civil liability, if it can
prove that the flight is cancelled caused by extraordinary circumstances which
could not have been avoided even if all reasonable measures had been taken.
Article 5/3 of the Regulation has been criticized by many people including the
actors in the airline industry and lawyers. In the meaning of Article 5/3 of the
Regulation (EC), the concepts of “extraordinary circumstances” and “all
reasonable measures” has caused some problems in practice. Court of Justice
of the European Union (CJEU) takes in charge as the final interpretation
authority in terms of the Regulation. The CJEU interpreted the concepts of
“extraordinary circumstances” and “all reasonable measures” in many cases.
In Turkey air passenger rights have been also regulated by the Regulation
Rights of the Passengers by Air on the basis of the Regulation (EC) No
261/2004. Therefore, in this study, the exclusion from liability of air carrier in
the event of cancellation or long delay of flight caused by the extraordinary
circumstances will be examined within the Regulation Rights of the Passengers
by Air, the Regulation (EC) No 261/2004 and Decisions of the CJEU.
Air passanger rights flight long delay cancellation of flight extraordinary circumstances reasonable measures
Primary Language | Turkish |
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Subjects | Law in Context |
Journal Section | Articles |
Authors | |
Publication Date | June 21, 2019 |
Submission Date | April 1, 2019 |
Published in Issue | Year 2019 Volume: 21 Issue: 1 |
Dokuz Eylül University Law Review
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