A Study on Compensation for Flight Delay: Judicial Practice in the European Union

Disputes caused by flight delays had bothered world airlines and legislative institutions for a long time. In 2004, for the first time, European Community passed the NO. 261/2004 Regulation to deal with the issue, specifying that airlines were liable to pay compensation to passengers whose flights are delayed. It proves that the EU tries to set up a legal regime conducive to passengers' rights outside of the framework of the Montreal Convention. Later, the Court of Justice of the EU ruled four vital cases, such as Sturgeon, consolidating and perfecting the compensation system. Recently, carrier-passenger disputes happened frequently in China. Chinese are in urgent need of a proper resolution to get out of the affray-compensation vicious circle. There are four aspects of the EU's judicial practice for the purpose of getting some lessons and enlightenments on Chinese aviation: establish Chinese delay compensation system; specify the carriers- obligation of notification; identify the administration; properly balance the interest of the carriers and the passengers.