국제항공여객운송에서 여객보상의 지급통화기준 - 2020년 EU사법재판소 Delfly sp. z o.o. vs. Smartwings Poland sp. z o.o. 판결을 중심으로 -

This paper reviews the Court of Justice of the European Union(CJEU) Case, Delfly sp. z o.o. vs. Smartwings Poland sp. z o.o. [2020] Case C-356/19. In this case, the claimant had a booking for travel from a non-EU country to Poland. The flight was delayed for more than three hours, and so she was entitled to compensation amounting to 400 EUR under Regulation 261/2004. She brought her claim to the national court, requesting that the airline pay 1,698.64 Polish Zlotys, the equivalent to 400 EUR on the date of the claim. The airline contended that the claim should be rejected on the ground, inter alia, that the claim had been expressed in an incorrect currency. This ran contrary to national law provisions and case law, whereby the claim should have been expressed in euros instead. s ran contrary to national law provisions and case law, whereby the claim should have been expressed in euros instead. The issue is whether aggrieved passengers may demand compensation under Regulation 261/2004 in the currency of their place of residence, and whether this right took priority over any national law that precludes a claim in a national currency. The CJEU held that passengers must be entitled to claim for compensation in their national currency, for the principles of broad interpretation of the regulation and of equal treatment of aggrieved passengers to be upheld. This paper analyzes some issues as to Delfly case by examining EU Regulations, legal theories and practical point of views.