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Europe still sets the pace

Julian Morris considers a CJEU ruling on what constitutes the cancellation of a flight, foreign jurisdiction issues, and a recent epidemic of holiday sickness claims

14 February 2017

Since the last time of writing, just after Brexit, much has happened in the wider world and at home: Trump has been elected, the inquest into the sad circumstances surrounding the deaths of holidaymakers in Tunisia has started, the pound continues to fall, and fuel prices are steadily increasing. Whether you voted to remain or leave, the Supreme Court has also handed down its judgment on article 50: parliament, and not the government, is the entity to give relevant notice to the European Union. How and in what way that might affect our own union we will have to wait and see. For now, we are still part of Europe and its legal influences.

Cancelled flight?

In C-83/10 Rodriguez v Air France, it was held by the CJEU that the concept of cancellation does not refer exclusively to the situation where an aircraft fails to take off at all. In C-32/16 Wunderlich v B...

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