European Communities (Compensation and Assistance To Air Passengers) (Denied Boarding, Cancellation Or Long Delay of Flights) Regulations 2005

statutoryInstrumentNumber274/2005

STATUTORY INSTRUMENT

S.I. No. 274 of 2005

European Communities (Compensation and Assistance to Air Passengers) (Denied Boarding, Cancellation or Long Delay of Flights) Regulations 2005

S.I. No. 274 of 2005 .

European Communities (Compensation and Assistance to Air Passengers) (Denied Boarding, Cancellation or Long Delay of Flights) Regulations 2005

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ) for the purpose of giving full effect to Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 20041 , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Compensation and Assistance to Air Passengers) (Denied Boarding Cancellation or Long Delay of Flights) Regulations 2005.

2. (1) In these Regulations -

“Act of 2001” means Aviation Regulation Act 2001 ( No. 1 of 2001 );

“appropriate court” means -

(a) where the amount, of compensation due, or in respect of assistance to be given to, a passenger does not exceed the jurisdiction, to hear and determine a case in contract, of -

(i) the District Court, that court, or

(ii) the Circuit Court, that court,

and

(b) in any case, the High Court;

“direction” means a direction under Regulation 4;

“Parliament and Council Regulation” means Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights2 ;

“Regulator” means Commission for Aviation Regulation.

(2) A word or expression which is used in these Regulations and which is also used in the Parliament and Council Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Parliament and Council Regulation.

(3) In these Regulations, unless otherwise indicated, a reference to a Regulation is a reference to a Regulation of these Regulations.

3. The Regulator is designated for the purposes of Article 16 of the Parliament and Council Regulation for its enforcement from airports situated in the State and flights from a third country to such airports.

4. Where the Regulator considers either on its own initiative or following a complaint by a passenger that an operating air carrier is infringing the Parliament and...

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