Judgment_paragraph 102 · D. Z. v Blue Air - Airline Management Solutions SRL (C-584/18)

102In that regard, without it being necessary to examine the question whether an air carrier’s general terms, such as those described by the referring court in its question, should be regarded as being part of the contract of carriage, within the meaning of Article 15(1) of Regulation No 261/2004, it must be found that, in view of the use of the adverb ‘notably’ in that provision and in the light of the objective of ensuring a high level of protection for air passengers which is pursued by that provision and by Regulation No 261/2004 as a whole, both the derogations in a contract of carriage imposing mutual obligations, which the passenger has signed, and, a fortiori, the derogations contained in other unilateral documents issued by the carrier which the latter seeks to rely on against the passengers concerned, must be considered to be inadmissible.

D. Z. v Blue Air - Airline Management Solutions SRL (C-584/18)

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