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The (new) role of the General Court in EU passengers` rights
Preliminary rulings on EU passenger rights have traditionally been the responsibility of the Court of Justice, the highest of the two courts that make up the Court of Justice of the European Union. However, a significant change came into effect in 2024, whereby the General Court now has jurisdiction over preliminary references in certain areas, including passenger rights.
As a general rule, the Court of Justice remains responsible for issuing preliminary rulings (Article 267 of the Treaty on the Functioning of the European Union “TFEU”). However, since the Treaty of Nice, the treaties have allowed for the possibility of transferring jurisdiction in specific areas to the General Court, provided this is set out in the Statute (Article 256 § 3 TFEU). In 2024, the amended Statute of the Court of Justice of the European Union entered into force, including the partial transfer of jurisdiction over requests for preliminary rulings from the Court of Justice to the General Court.
Under the new Statute (Regulation (EU) 2024/2019), the General Court has jurisdiction for preliminary rulings in six specific areas (see Article 50b of the aforementioned Regulation) unless these cases involve a decision of principle likely to affect the unity or consistency of EU law.
One of these transferred areas concerns “compensation and assistance to passengers in the event of denied boarding or of delay or cancellation of transport services”. The General Court’s ruling on EU law can then, however, be subject to review by the Court of Justice where it finds that the decision of the General Court affects the unity or consistency of EU law.
Two considerations were particularly relevant to the selection of the areas transferred to the General Court: the referrals for preliminary rulings in these areas account for a large number of all requests submitted to the Court of Justice. Secondly, there is already an established body of case law in these areas, developed by the Court of Justice, that can guide the General Court in exercising its new jurisdiction to deliver preliminary rulings.
This transfer of jurisdiction is a significant development in the judicial framework governing EU passenger rights as the General Court now has an explicit role in interpreting EU rules in this respect.