Produktdetaljer
Biografisk notat
Michal Bobek is Professor of European Law at the College of Europe and research fellow at the Institute of European and Comparative Law, University of Oxford.
Jeremias Prassl is an Associate Professor in the Faculty of Law, University of Oxford, research fellow at the Institute of European and Comparative Law, and a Tutorial Fellow at Magdalen College, Oxford.
...an unprecedented contribution to the debate on this subject.
Agence Europe
Regulation 261/2004 on Air Passengers’ Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial judgments of the Court of Justice, from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation has led to equally challenging decisions across the Member States, ranging from judicial enthusiasm for passenger rights to domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse to apply its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission’s recent publication of reform proposals, controversies appear far from settled.
At the same time the Regulation should, according to the Treaty, have uniform, direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do the diverging national interpretations have for the EU’s regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 15 different Member States as well as the extra-territorial application of Regulation 261, combined with high-level analysis from the perspectives of Aviation law and EU law.
1. Welcome Aboard: Revisiting Regulation 261/2004
Jeremias Prassl and Michal Bobek
Part I: EU-Level Perspectives
2. Regulation 261: Three Major Issues in the Case Law of the Court of Justice of the EU
Jir í Malenovský
3. Regulation 261: The Passenger Rights Framework
Frank Benyon
4. EU Law and the Montreal Convention of 1999
David McClean
5. Luxembourg v Montreal: Time for The Hague to Intervene
John Balfour
6. EU Regulations in the Member States: Incorporating International Norms
Silvia Ferreri
Part II: Member States’ Perspectives
7. Austria and Germany: Well-Informed Passengers, Extensive Case Law and a Strong Demand for Legal Certainty
Irena Gogl-Hassanin
8. The Benelux: Small is not Less
Pablo Mendes de Leon and Wouter Oude Alink
9. Bulgaria: Blurred Lines
Alexander Kornezov
10. A Pair of Wings: Air Passenger Rights in the Czech Republic and Slovakia
Kristián Csach
11. Estonia: All Well or is there Something in the Air?
Tatjana Evas and Silvia Ustav
12. France: Air Passengers Facing Long-Haul Judicial Journeys
Fabien Le Bot
13. The Italian Experience and Trend
Laura Pierallini
14. Poland: Do Not Adjust Your Seat, Passengers’ Rights are Assured
Krystyna Kowalik-Banczyk
15. Spain: Defeating Air Passengers’ Rights Through Procedural Rules
Mireia Artigoti Golobardes
16. United Kingdom and Ireland: Passenger Protection Turns a Corner
Benjamin Jones
17. Extraterritorial Application: Exporting European Consumer Protection Standards
Brian F Havel and John Q Mulligan
Part III: Broader Horizontal Perspectives
18. The Turbulent Life of Regulation 261: Continuing Controversies Surrounding EU Air Passenger Rights
Sacha Garben
19. European Private Law: Up in the Air?
Joasia Luzak
20. Tackling Diversity Through Uniformity? Revisiting the Reform of Regulation 261/2004
Jeremias Prassl
21. Uniform Rights? The Nature of Regulations Revisited
Michal Bobek
A forum for exploring the impact of landmark CJEU judgments and secondary legislation across the EU.
Located at the cross-section between EU law, comparative law and socio-legal studies, EU Law in the Member States explores the interaction of EU law and national legal systems by analysing comparative evidence of the impact landmark EU measures—from CJEU decisions and secondary legislation to soft-law—have had across different Member States. The nature and operation of EU law has traditionally been analysed in a highly ‘centralised’ way, through the lenses of Brussels and Luxembourg, and in terms of the Treaty and its interpretation by the Court of Justice. Beneath this orthodoxy, however, lies the complex world of the genuine life of EU law in the Member States. Judicial and administrative practices across the Union’s 28 Member States considerably qualify and sometimes even challenge the long-standing assumption that doctrines such as the direct effect and supremacy of EU law ensure a uniform and effective application of its provisions.
Each volume brings together leading academics, national experts and practitioners in order to draw conclusions both for EU law generally and the specific area in question on the basis of Member State reports and broader horizontal papers, and will be of interest to generalist EU lawyers and specialists in each field across the Member States. Academic audiences will benefit from the tight integration of national case studies and doctrinal analysis, whilst practitioners and policy makers will find systematically presented comparative evidence and commentary.
Produktdetaljer
Biografisk notat
Michal Bobek is Professor of European Law at the College of Europe and research fellow at the Institute of European and Comparative Law, University of Oxford.
Jeremias Prassl is an Associate Professor in the Faculty of Law, University of Oxford, research fellow at the Institute of European and Comparative Law, and a Tutorial Fellow at Magdalen College, Oxford.