{"title":"欧洲法院对非共同体航空承运人的管辖权及欧盟法的域外适用研究——以Q, R, S诉美国联合航空公司案为例[2022]C‑561/20","authors":"J. Sur","doi":"10.18104/kaic.2022.37.3.77","DOIUrl":null,"url":null,"abstract":"Purpose : This paper analyzed the jurisdiction over a non-Community air carrier of the CJEU and the extraterritorial application of EU Regulation in the Q, R, S v. United Airlines Inc. [2022] Case C‑561/20. Research design, data and methodology : This study examined the scopes, applications, and requirements of the extraterritorial application in the EU Regulation. It also evaluated issues related to the United Airlines case by examining the EU Regulations and practical views. Results : The CJEU ruled that a flight with one or more connections that were the subject of a single reservation constitutes a whole for the purposes of the right of passengers to compensation provided for by EU Regulations. The applicability of the Regulation was to be assessed with regard to the place of the flight’s initial departure and the place of the final destination of that flight. Conclusions : This study analyzed the legal and practical issues regarding the United Airlines case by examining the EU Regulations and theories of CJEU. It also criticizes the views of the CJEU on United Airlines.","PeriodicalId":368687,"journal":{"name":"Korean Academy Of International Commerce","volume":"191 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"A Study on the Jurisdiction Over a Non-Community Air Carrier of the CJEU and the Extraterritorial Application of EU Law: Focused on Q, R, S v. United Airlines Inc. [2022] Case C‑561/20\",\"authors\":\"J. Sur\",\"doi\":\"10.18104/kaic.2022.37.3.77\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Purpose : This paper analyzed the jurisdiction over a non-Community air carrier of the CJEU and the extraterritorial application of EU Regulation in the Q, R, S v. United Airlines Inc. [2022] Case C‑561/20. Research design, data and methodology : This study examined the scopes, applications, and requirements of the extraterritorial application in the EU Regulation. It also evaluated issues related to the United Airlines case by examining the EU Regulations and practical views. Results : The CJEU ruled that a flight with one or more connections that were the subject of a single reservation constitutes a whole for the purposes of the right of passengers to compensation provided for by EU Regulations. The applicability of the Regulation was to be assessed with regard to the place of the flight’s initial departure and the place of the final destination of that flight. Conclusions : This study analyzed the legal and practical issues regarding the United Airlines case by examining the EU Regulations and theories of CJEU. It also criticizes the views of the CJEU on United Airlines.\",\"PeriodicalId\":368687,\"journal\":{\"name\":\"Korean Academy Of International Commerce\",\"volume\":\"191 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-09-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Korean Academy Of International Commerce\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18104/kaic.2022.37.3.77\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Korean Academy Of International Commerce","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18104/kaic.2022.37.3.77","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
A Study on the Jurisdiction Over a Non-Community Air Carrier of the CJEU and the Extraterritorial Application of EU Law: Focused on Q, R, S v. United Airlines Inc. [2022] Case C‑561/20
Purpose : This paper analyzed the jurisdiction over a non-Community air carrier of the CJEU and the extraterritorial application of EU Regulation in the Q, R, S v. United Airlines Inc. [2022] Case C‑561/20. Research design, data and methodology : This study examined the scopes, applications, and requirements of the extraterritorial application in the EU Regulation. It also evaluated issues related to the United Airlines case by examining the EU Regulations and practical views. Results : The CJEU ruled that a flight with one or more connections that were the subject of a single reservation constitutes a whole for the purposes of the right of passengers to compensation provided for by EU Regulations. The applicability of the Regulation was to be assessed with regard to the place of the flight’s initial departure and the place of the final destination of that flight. Conclusions : This study analyzed the legal and practical issues regarding the United Airlines case by examining the EU Regulations and theories of CJEU. It also criticizes the views of the CJEU on United Airlines.