I wish my mum was Brazilian: The regulation of passenger liability in the EU and Brazil

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Abstract

The battle between airlines and the Court of Justice of the European Union over airline passenger compensation under Regulation 261/2004 continues to rage. While airlines complain about the Court’s broad interpretations of the rule, they continue to press the defense of “extraordinary circumstance” in order to avoid paying lawful claims. Interestingly, another extreme is exemplified by Brazil. There, consumers are kings and the compensation they can claim is high, due to the extensive use of moral damages and the extremely restricted defense available to airlines. This article defends the position that airline companies in Europe are abusing their power to the detriment of the consumers, while in Brazil the protections offered to consumers are perhaps too protective. While acknowledging the advantages of both approaches, the article will point out the deficiencies of each, and the unfair outcomes they can create. The article first introduces the European legislation and the different judgments of the CJEU. Then Brazilian law is analyzed in the same perspective before reaching some conclusions
Original languageEnglish
Pages (from-to)333-364
Number of pages31
JournalIssues in Aviation Law & Policy
Volume18
Issue number1
Publication statusPublished - 1 Apr 2019
Externally publishedYes

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