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Dr Błażej Bugajski
ORCID: 0000-0002-8243-5301

Assistant professor at the Department of Civil, Economic and Private International Law (Cracow University of Economics); lecturer (Lehrbeauftragter) at the Faculty of Law of the Ludwig-Maximilian University in Munich; Attorney-at-law (Cracow Bar Association). Member of the Editorial Board of the "Kwartalnik Prawa Prywatnego" and the International Advisory Board (Internationaler Beirat) of the "Zeitschrift für das gesamte Familienrecht". Humboldt Research Fellow. Ad hoc expert witness in the field of Polish law for foreign courts and foreign law for Polish courts.

 
DOI: 10.33226/0137-5490.2024.8.7
JEL: K39

The commentary is a critical discussion of the position presented by the Kraków Regional Court in the ruling of 6 February 2023 (II Ca 2302/22). In this ruling the Court dealt primarily with the issue of compensation for delayed or cancelled flight due to an engine failure caused by a structural defect. The court incorrectly found that such an engine failure was unpredictable, even though the defendant knew about the existence of the engine failure caused by a structural defect many months before its occurrence, and in fact the only unknown was the moment when such a failure would become apparent. The Court's position was also criticized that the defendant's re-routing for a later flight (almost 24 hours later than the previously booked one) cannot be treated as denied boarding.

Keywords: compensation for delayed or cancelled flight; engine failure caused by a structural defect; rerouting for a later flight; Regulation (EC) No 261/2004