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Europe Daily Bulletin No. 9040
Contents Publication in full By article 28 / 38
GENERAL NEWS / (eu) eu/transport/court of justice

Conclusions of Advocate General Geelhoed could change scope of conciliation if Court of Justice takes them up, to consternation of air carriers

Brussels, 03/10/2005 (Agence Europe) - The International Air Carrier Association (IACA) is challenging the conclusions of the Advocate General of the Court of Justice of the European Communities Geelhoed, confirming the validity of the regulation of the Parliament and Council on compensation for passengers whose flights have been cancelled or delayed (EUROPE 9023). The IACA has criticised a procedural irregularity in the adoption of regulation 261/2004 at the conciliation committee, as it feels that certain modifications which were adopted under the conciliation procedure go beyond the scope of the points of disagreement between the European Parliament and the Council. According to the IACA, various amendments were not discussed democratically, but Mr Geelhoed rejected this argument. If the Court of Justice goes along with the Advocate General's interpretation of article 251, the scope of conciliation will be modified, so that "Legislation will be the product of bargaining", said the Director of the IACA, Sylviane Lust. "This is a question of good governance and transparency", argues Ms Lust, who feels that the conclusions of the Advocate General go against the commitment in favour of "greater involvement and greater transparency" referred to in the White Paper on governance.

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