Article 16(1) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 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 such 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.
1 Original language: French.
2Regulation of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).
3 C‑145/15 and C‑146/15, EU:C:2016:187; ‘Ruijssenaars and Others’.
4 Magyar Közlöny 1997/119; ‘the Law on Consumer Protection’.
5 Regulation of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ 2017 L 345, p. 1).
6 ‘LOT’.
7 ‘Consumer Protection Inspectorate’.
8 The concept of ‘competent authority’ is defined in Article 3(6) of Regulation 2017/2394.