Dear readers, it is with genuine excitement (albeit with some delay) that I type out some thoughts in reaction to a very rich new decision by the CJEU, namely Caixabank and others of 4 July 2024 (C‑450/22). This case is, shockingly but not incredibly, yet another instalment in the floor clauses saga that we have so often written … Read more
This June the CJEU issued two judgments analysing the scope of the application of the ‘extraordinary circumstances’ exception to airlines’ scope of liability for cancelled flights, where cancellation was a consequence of a hidden plane defect. In Finnair (C-385/23) a relatively new plane (5 months old) had a failure of a fuel gauge, which became evident … Read more
With ruling of January twenty fifth, the Court docket of Justice (CJEU) dominated on the implications of the annulment of an unfair time period in mortgage mortgage agreements and particularly on the restrictions that an motion for restitution could also be subjected to. The Provincial Court docket of Barcelona referred to the CJEU three joined … Read more
