51. It is true that, in paragraph 34 of Ruijssenaars and Others, the Court drew attention to the risk of divergence, in the assessment of the same individual situation, between the national body and the national court. There is, moreover, another risk related to the simultaneous submission of two claims seeking payment of the compensation due, one before the national body and the other before the national court. I think, however, that Member States can mitigate that risk by adopting procedural measures ensuring coordination between the administrative and judicial procedures. In the absence of EU rules governing the matter and having regard to the discretion enjoyed by Member States as to the powers with which they intend to endow their national bodies, it is for the domestic legal system of each Member State to lay down those detailed procedural rules.
52. In the instant case, I note that there is nothing in the order for reference or in the observations lodged by the Hungarian Government to suggest that the conferral of such a power on the Consumer Protection Inspectorate could undermine the rights of passengers and air carriers to bring an action before the courts or could give rise to a risk of divergence between that inspectorate and the courts in the context of the assessment of the same individual situation.
53. In the light of all the foregoing, I therefore propose that the Court rule that Article 16(1) of Regulation No 261/2004 must be interpreted as not precluding national legislation under which a Member State confers on 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, as provided for in Article 7 of that regulation, provided that that legislation does not deprive that passenger or that carrier of the possibility of bringing proceedings before the national court with jurisdiction in order to claim payment of that compensation or to challenge the justification for that compensation. It is for the Member State, within the framework of its procedural autonomy, to lay down detailed rules ensuring that procedures before the national body responsible for enforcing that regulation and before the national court having jurisdiction are coordinated.