On the 4 May 2017, the European Court of Justice (EUCJ) delivered its judgment in the Pešková v. Travel Service case. The authors see a very thin ray of hope for the aviation industry in this judgment. It could be viewed as a break in a dangerous trend by the EUCJ of prioritizing punctuality over safety. In Pešková, the Court has for the first time recognized safety as being part of a ‘high level of protection for air passengers’, as referred to in the EU ‘passenger rights’ Regulation 261/2004. This article looks at both objectives, which are paramount for the industry. The authors take an ‘inside out’ view of the aviation industry through an overview of the reasoning of the Court regarding technical problems, on the one hand and, on the other hand, the entitlement of passengers to very high financial compensation from airlines pursuant to EU Regulation 261/2004 and subsequent EUCJ case law.
Air and Space Law