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Commentary

63 Reasonable measures

CARRIERS vol 6(1)B
| Commentary

63 Reasonable measures

| Commentary

63 Reasonable measures

In addition to the presence of extraordinary circumstances, to be exonerated from the obligation imposed by Council Regulation (EC) 261/2004 to pay fixed compensation a carrier must also prove that it took all reasonable measures to avoid them.

The issue of reasonable measures was first addressed in Wallentin-Hermann v Alitaliawhere, with regard to the meaning of ‘reasonable measures’, the court stated that ‘the fact that an air carrier has complied with the minimum rules on maintenance ... cannot in itself suffice to establish that that carrier has taken ‘‘all reasonable measures’’’1 rather the carrier must show that, ‘even

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