European Private Law: Up in the Air?

Forthcoming in M. Bobek & J. Prassl (eds.) 'Air Passenger Rights. Ten Years On', Oxford: Hart Publishing.

Amsterdam Law School Research Paper No. 2015-03

Centre for the Study of European Contract Law Working Paper Series No. 2015-03

27 Pages Posted: 5 Feb 2015

See all articles by Joasia Luzak

Joasia Luzak

University of Exeter - School of Law; University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

Date Written: February 4, 2015

Abstract

This paper compares the existing rights granted to consumers when they purchase services in the EU, whether in a shop or within a distance selling scheme, with the provisions of Regulation 261/2004. While the works on the new European rules on air passengers’ rights are still ongoing it is important to examine what protection measures the air passengers are currently missing that European consumers may already be enjoying while concluding contracts other than for air transport services. Additionally, I will also discuss whether certain air passengers’ rights in Europe and the methods of providing these rights could serve as a model for the further development of European consumer protection measures. The assumption underlying this comparison is that air transport services are just one of many services that European consumers purchase. Conceivably, consumers should enjoy similar, if not the same, protection regardless of the type of service they are interested in. Special justifications, e.g., of an economic nature, could, however, justify the introduction of divergent rules with respect to air transport services. Therefore, where my research indicates such differences in the protection levels of air passengers and consumers concluding contracts other than for air transport services, I will consider whether these differences could be justified due to the need to protect interests of one of the contractual parties or due to the internal market’s objectives.

Keywords: air passenger rights; consumer rights; right of withdrawal; information duties; remedies; Regulation 261/2004

JEL Classification: K12

Suggested Citation

Luzak, Joanna Aleksandra, European Private Law: Up in the Air? (February 4, 2015). Forthcoming in M. Bobek & J. Prassl (eds.) 'Air Passenger Rights. Ten Years On', Oxford: Hart Publishing.; Amsterdam Law School Research Paper No. 2015-03; Centre for the Study of European Contract Law Working Paper Series No. 2015-03. Available at SSRN: https://ssrn.com/abstract=2560234 or http://dx.doi.org/10.2139/ssrn.2560234

Joanna Aleksandra Luzak (Contact Author)

University of Exeter - School of Law ( email )

Streatham Court
University of Exeter
Exeter, EX4 4QJ
United Kingdom

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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