CJEU Advocate General: National Enforcement Body must not take enforcement measures to pursue claims of individual air passengers

Michael Wukoschitz's picture

Upon reference for preliminary ruling lodged by the Dutch Raad van State (State Council), the Advocate General of the CJEU has delivered an opinion according to which Article 16 of the Air Passenger Rights Regulation 261/2004 only entrusts the National Enforcement Bodies (NEBs) with the task to secure general compliance with the Regulation but not to pursue individual claims. Individual claims should rather be pursued before the courts. A concurrent competence of courts and national Enforcment Bodies could lead to different interpretations of the Regulation and cause legal uncertainty.

In the underlying national case, the plaintiffs had turned to the Dutch NEB to get compensated for flight cancellations and delays. When the NEB refused to pursue these claims, they filed a law suit against the NEB. The first instance court dismissed the claims, the appelate court (Raad van State) turned to the CJEU for preliminary ruling.

Cases: C-145/15 and C-146/15 Ruijssenaars ea v Staatssecretaris van Infrastructur en Milieu

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