OPINION OF ADVOCATE GENERAL RICHARD DE LA TOUR
delivered on 28 April 2022 (1)
Case C‑597/20
Polskie Linie Lotnicze ‘LOT’ S.A. v
Budapest Főváros Kormányhivatala
(Request for a preliminary ruling from the Fővárosi Törvényszék (Budapest High Court, Hungary))
(Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(1)(c) and Article 7 – Compensation for passengers – Article 16 – Task of the national body responsible for enforcing the regulation – National legislation empowering that body to order an air carrier to pay the compensation due to a passenger)
I. Introduction
1. Under Article 16(1) and (2) of Regulation (EC) No 261/2004, (2) can a Member State grant the national body responsible for enforcing that regulation the power to order an air carrier to pay the compensation due to a passenger on account of the cancellation or long delay of his or her flight?
2. The answer to that question submitted by the Fővárosi Törvényszék (Budapest High Court, Hungary) must enable the powers conferred on that body and, thus, the scope of the principles identified by the Court in the judgment of 17 March 2016, Ruijssenaars and Others, (3 ) to be clarified.
3. In this Opinion, I shall set out the reasons for my view that that provision does not preclude national legislation under which a Member State confers such a power of enforcement on its national body, provided, however, that that legislation does not deprive the air carrier of the possibility of bringing an action before the national court having jurisdiction in order to challenge the compensation thus claimed from it.
II. Legal context
A. European Union law
4. Recitals 1, 21 and 22 of Regulation No 261/2004 state:
‘(1) Action by the [European Union] in the field of air transport should aim, among other things, at ensuring a high level of protection for passengers. Moreover, full account should be taken of the requirements of consumer protection in general.
…
(21) Member States should lay down rules on sanctions applicable to infringements of the provisions of this Regulation and ensure that these sanctions are applied. The sanctions should be effective, proportionate and dissuasive.
(22) Member States should ensure and supervise general compliance by their air carriers with this Regulation and designate an appropriate body to carry out such enforcement tasks. The supervision should not affect the rights of passengers and air carriers to seek legal redress from courts under procedures of national law.’
5. Article 5 of that regulation, headed ‘Cancellation’, provides:
‘1. In case of cancellation of a flight, the passengers concerned shall: