48. A measure like that provided for in the national legislation at issue seems to me to contribute to the simplicity, speed and effectiveness of the compensation procedure, by avoiding the situation whereby the air passenger concerned is required to bring an action before the courts with jurisdiction in order to claim payment of the compensation due to him or her, which is liable to involve longer and sometimes more complex procedures. My view is that such a measure ensures a high level of protection for air passengers while, at the same time, preventing the courts from being clogged up by the extremely high number of claims for compensation.
49. In addition, it should be noted that conferring such a power on the national body does not deprive either passengers or air carriers of the possibility of bringing proceedings before the national
court with jurisdiction under procedures of national law. (3 7)
Passengers may bring an action before
the court with jurisdiction in order to claim payment of the compensation provided for in Article 7 of Regulation No 261/2004 and, in the same way, air carriers must be able to challenge the justification for the compensation claimed from them.
50. I note that, in its judgment of 22 November 2012, Cuadrench Moré, (3 8) the Court held that, ‘when a flight is cancelled and provided that the cancellation is not caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, Articles 5 and 7 of Regulation No 261/2004 afford passengers a right to compensation according to the distance and destination of the flight concerned, a right which those passengers may rely on, if necessary, before the national courts’. (3 9) The Court added that ‘in the absence of provisions of EU law on the matter, it is for the domestic legal system of each Member State to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from EU law, provided that those rules observe the principles of equivalence and effectiveness’. (4 0)