Reforming Air Passenger Rights in the European Union

The EU's Passenger Rights Regulation 261/2004 has been a source of ongoing controversy, from air operators repeatedly challenging the measure's very validity to Member State courts refusing to apply its provisions. This article explores the Commission's recent reform proposals in the light of the case law of the CJEU and national courts, suggesting that while some issues (notably the impact of the much-criticized Sturgeon decision) might easily be resolved, other difficulties (such as the relationship between EU law and the exclusivity provisions of the Montreal Convention of 1999 and the industry's compliance record) remain. A concluding part places the measures in the broader context of EU law and its relationship with other legal systems, and finds that they represent a more subtle compromise than is generally assumed.