Denied aircraft boarding under Regulation (EC) No 261 2004

Abstract

The paper analyses overbooking and denied boarding in air transportation under Regulation (EC) No 261 2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and cancellation or long delay of flights, and repealing Regulation (EEC) No 295 91. Overbooking is a situation when airlines sell more tickets for a scheduled flight than there are seats on the aircraft. This issue is analysed based on two different judgments: one of the Polish court (Wojewo´ dzki Sa˛d Administracyjny) and the other of the Court of Justice of the European Union.