Originally Posted by
diamantaire
Article 3:
This Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;
(so, that means, anyone who departs from an EU airport, regardless of carrier)
(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
(that means, passengers departing from any airport, arriving in an airport of an EU state where the treaty applies, unless there was prior assistance given, but the operating carrier must be a community carrier).
Community carrier is defined in Article 2:
c) ‘Community carrier’ means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (1 );
Emirates' operating licence is granted by the United Arab Emirates. The UAE is not a Member State of the European Union, and the licence was obviously not granted in accordance with the Council Regulation stipulated.
Therefore, Emirates is only bound in respect of flights that satisfy condition (a) in Article 3, which is when their flights depart the territory of a Member State where the Treaty applies.