FlyerTalk Forums - View Single Post - Compensations for Cancellations/Delays/Changes - EC 261/2004 MASTER THREAD for AF
Old Feb 21, 2023 | 4:20 am
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irishguy28
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Originally Posted by atflyer
It is a difficult written article (with that sentence 'unless they received benefits or compensation and were given assistance in that third country') in between, but you are likely right since 'if if the operating air carrier of the flight concerned is a Community carrier'. It is very weird that this restriction only applies to inbound EU flights, and not to outbound ones.
The regulation applies to all flights leaving the EU (no surprise there; EU law applies in the EU).

For flights departing from a third country the situation is somewhat different; EU law obviously doesn't apply outside the EU. Therefore, the regulation applies only to those airlines based in the EU, called "community carriers" in the regulation, when operating a flight to the EU.

As you've mentioned, the regulation also recognises that compensation may be due under whatever law applies in the territory of the airport of departure; if you're not travelling on a community carrier, that's your only hope; if you are travelling on a community carrier, those benefits/compensation an assistance (if any) supersedes the EU regulation.
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