Practical Aspects of Cross-Border Assignment of Claims in Cases Concerning Compensation for Delayed or Cancelled Flights

Abstract

The article aims to answer the question of whether consumer protection regulations apply to the cross-border assignment of claims for compensation for delayed flights. As indicated, in accordance with recital 18 of Regulation No 1215/2012, in matters relating to insurance, consumer contracts and employment law, the weaker party should be protected by rules of jurisdiction that are more favourable to their interests than the general rules. The analysis carried out in this study, supported by numerous judicial decisions, confirmed the possibility of consumers assigning claims. However, in cases concerning claims against an air carrier under Regulation No 261/2004, the special jurisdiction rule provided for in Article 7(1)(b) second indent of Regulation No 1215/2012 applies.