Court of Justice of the European Union
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Full reference: CJEU, 1st chamber, 18th of November 2020, decision C‑519/19, Ryanair DAC vs DelayFix
Summary of the decision
This decision of the CJEU of 18th of November 2020 is about the jurisdiction clause for any dispute in air transport contracts, here those of Ryanair. This decision is especially interesting about the question to know whether the professional assignee (collection company) of a debt whose holder was a consumer may or may not avail itself of the consumer protection provisions, canceling the scope of this type of clause.
The Court takes back the criteria and the solution already used in 2019 about a credit contract: the protection applies by the criterion of the parties to the contract and not of the parties to the disputes. Such a clause is effective only if the integrality of the contract is transferred to the professional, and not only some of the stipulations.
This Regulatory decision, through "private enforcement", incentivizes consumers to transfer their compensation claim (around 250 euros) to collection companies which, in turn, discipline airlines to stay on schedule.