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Commentary

69 Jurisdiction

CARRIERS vol 6(1)B
| Commentary

69 Jurisdiction

| Commentary

69 Jurisdiction

The jurisdiction in which a passenger may bring a claim pursuant to Council Regulation (EC) 261/2004 was addressed by the ECJ in 2009 in Rehder v Air Baltic Corporation1 which held that2:

‘the second indent of Article 5(1)(b) of Council Regulation (EC) No 44/20013 … must be interpreted as meaning that, in the case of air transport of passengers from one Member State to another Member State, carried out on the basis of a contract with only one airline, which is the operating carrier, the court having jurisdiction to deal with a claim for compensation founded on that transport

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