EU항공운송여객보상규칙상 탑승거부의 의미: - EU사법재판소 2012. 10. 4, Case C-321/11 판결을 중심으로 -

Abstract

This paper reviews the EU Case of C-321/11, Rodríguez Cachafeiro v. Iberia, [2012] ECLI:EU:C:2012:609, Case C-321/11. The ECJ held that Article 2(j) of EC Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, read in conjunction with Article 3(2) of Regulation No 261/2004, must be interpreted as meaning that the concept of ‘denied boarding’ includes a situation where, in the context of a single contract of carriage involving a number of reservations on immediately connecting flights and a single check-in, an air carrier denies boarding to some passengers on the ground that the first flight included in their reservation has been subject to a delay attributable to that carrier and the latter mistakenly expected those passengers not to arrive in time to board the second flight. ECJ also ruled that the legislature expanded the scope of the definition of ‘denied boarding’ beyond merely situations where boarding is denied on account of overbooking referred to previously in Article 1 of Regulation No 295/91 establishing common rules for a denied-boarding compensation system in scheduled air transport, and construed ‘denied boarding’ broadly as covering all circumstances in which an air carrier may refuse to carry a passenger. In addition, ECJ held that limiting the scope of ‘denied boarding’ exclusively to cases of overbooking would have the practical effect of substantially reducing the protection afforded to passengers under Regulation No 261/2004 and would therefore be contrary to the aim of that regulation of ensuring a high level of protection for passengers. Consequently, a broad interpretation of the rights granted to passengers is justified.